1st 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
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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