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HomeMy WebLinkAbout1st St SW/2nd Ave SW - Alley vacatedCAMPBELL KYLE PROFFITT ATTORNEYS AT LAW 650 EAST CARMEL DRIVE SUITE 400 CARMEL, INDIANA 46032 TELEPHONE NO. 846 -6514 %kti PETITION TO VACATE A PORTION OF TWO ALLEYS LOCATED WITHIN THE BOUNDARIES OF CARMEL, INDIANA 1. The Petitioners, Robert A. Mahan and Katherin C. Mahan, by their counsel, do hereby respectfully petition the Town Board of the City of Carmel, Indiana, for the vacation of an unimproved and semi improved portion of two existing alleys located in the City of Carmel. The portion of the public ways are found in a strip of ground bordered to the north by West Main Street, to the east by First Avenue West, to the south First Street Southwest, and to the west by Second Avenue West. Within said area the public way sought to be vacated is a strip of ground approximately fifteen (15) feet wide and approximately Three Hundred (300) feet long running in a north -south direction within the bounds of the above referenced property and a strip of ground 14 to 17.83 feet wide, and approximately One Hundred Seventy -One (171) feet long, which runs east and west within the bounds of the above referenced property. The Petitioners need the alleys vacated to enable the renovation and development of seven tracts of land that are contained within the boundaries of the streets listed above and depicted in the plat of a Boundary Survey and Land Description attached hereto as Exhibit "A 2. The portion of the alleys sought to be vacated are particularly 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 "B" attached hereto for Tracts 1 through 7, and the remaining land after said exception of said Tracts represents the allies to be vacated. 3. Robert A. Mahan and Katherin C. Mahan are the fee simple title owners of all property abutting the boundaries of the portion of the alleys sought to be vacated. However, CAMPBELL KYLE PROFFITT ATTORNEYS AT LAW 650 EAST CARMEL DRIVE SUITE 400 CARMEL, INDIANA 46032 TELEPHONE NO. 846 -6514 Petition to Vacate Page 2 the following property owners abutt the streets and avenues that are the boundaries to the property wherein the alleys sought to be vacated are located and such individuals will receive notice pursuant to I.C. 36- 7 -3 -12, and said indivi- duals are as follows: Steve White c/o Stephen L. Sharon L. White 110 W. Main Street Carmel, IN 46032 James R. Beverly Anthony 120 W. Main Carmel, IN 46032 City of Carmel Carmel, IN 46032 John F. Florence F. Hays 30 N. Rangeline Road Carmel, IN 46032 Edward M. Justyn D. Blackwell 311 2nd Avenue N.E. Carmel, IN 46032 Jeremiah D. Rosemary M. Sheehan 11504 Lakeshore Drive West Carmel, IN 46032 M.C.M. Partnership 41 1st Street S.W. Carmel, IN 46032 Steven Mark Weaver 10700 Valley Drive Indianapolis, IN 46280 Richard K. Shull 16300 N. Meridian Carmel, IN 46032 Glenn A. Amy D. Dunkerly 21 1st Street S.W. Carmel, IN 46032 4. The Petitioners represent the following: A. The portion of the alleys sought to be vacated are not necessary to the growth of Carmel, because the Petitioners own all of the property abutting the alleys and all adjacent and nearby properties can be adequately accessed by public roads; B. That the vacation of the alleys will not leave any adjoining or interested property owner or owners without access to their real estate by means of a public way or street; C. The vacation of the alleys hereby sought will not CAMPBELL KYLE PROFFITT ATTORNEYS AT LAW 650 EAST CARMEL DRIVE SUITE 400 CARMEL, INDIANA 46032 TELEPHONE NO. 846 -6514 Petition to Vacate Page 3 cut off the public access of any church, school, public building, or other public place; and D. Above- described street will allow the renovation and development of the property, within which the alleys are located, and will enable the Petitioners to enhance the development and renovation of the City of Carmel more specifically located in what is commonly referred to as Old Towne Carmel, Indiana. WHEREFORE, the Petitioners pray for the vacation of the above mentioned alleys. CAMPBELL KYLE PROFFITT By Robert F. Campbell Attorneys for Petitioners Robert A. Mahan and Katherin C. Mahan