210/220 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
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Certified: July 16, 1979
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PREPARED FOR: MR. MRS. LESLIE M. HEDGES
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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'