Indiana Mills/Manufacturing - Vacation of Alley STATE OF INDIANA IN THE CIRCUIT COURT I
SS:
COUNTY OF HAMILTON OF HAMILTON COUNTY ApR 3 n
CAUSE NO. C75 -650 19 6
CI tRK
INDIANA MILLS MANUFACTURING, INC. 'Q p
Petitioner, couRr
Vs.
TOWN OF CARMEL
CITY OF CARMEL
'Respondents.
ORDER TO VACATE ALLEY
WITH EXCEPTION
Comes now Indiana Mills Manufacturing, Inc. having filed its verified
petition to vacate a certain alley, which petition is in the words and figures
following, to -wit:
(H. I.)
And the Court having heard the evidence finds that publication of the
petition to vacate was published in accordance with the requirements of
IC 18- 5- 10 -50; that the public utilities occupying said alley are Indiana
Gas Company, Inc., which has no objection, and Public Service Company of
Indiana, Inc.,' which has no objection provided a certain easement to it is
incorporated in the order herein; that petitioner owns all of the property
immediately adjoining the alley to be vacated; that the Town of Carmel, now
the City of Carmel, has no objection; and that no reason exists why said
alley should not be vacated with the exception as requested by the Public
Service Company of Indiana, Inc.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND'DECREED by the Court that
an alley located in the City of Carmel, Hamilton County, Indiana, more
particularly described as follows:
Beginning at a point in the West line of Mill Street (now
known as 2nd Avenue SW) 132 feet South of the South line
of Main Street in IRA MENDENHALL'S ADDITION to BETHLEHEM,
now Carmel, Indiana, as recorded in Deed Record 23, page 81,
thence continuing South on and along aforesaid West line of
Mill Street (now known as 2nd Avenue SW) 15 feet; thence
West parallel with the South line of Main Street 117.05 feet
to the East right of way line of the Monon Railroad and
continuing 12 feet West of the East right of way line of
the Monon Railroad for a total distance of 129.05.feet;
thence Northerly parallel to the East right of way line of
the Monon Railroad 15 feet; thence East parallel with the
South line of Main Street 129.25 feet to the place of beginning.
be vacated to the adjoining property owners, who are:
INDIANA MILLS MANUFACTURING, INC., only,
with the exception that PUBLIC SERVICE COMPANY OF INDIANA, INC., an Indiana"
corporation, and its successors and assigns, shall have a perpetual easement
and right to construct, operate, patrol, maintain, reconstruct and remove an
electric line, including necessary poles, wires, anchors, guys and fixtures
attached thereto, for the transmission of electrical energy over, along or
across the above described vacated alley and shall be granted the right and
privilege at any time to cut and trim all trees on or which overhang the
right of way above described and to clear the ground of timber and brush
or to remove any other obstructions which, in the judgment of the Grantee,
should be removed in order to prevent interference with the wires or ap-
purtenances used in connection with said line.
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JUD E; Circuit Cou t of amilton County
ENTERED: //)7
APPROVED:
CITY OF CARMEL, INDIANA
B BOARD OF PUBLIC WORKS
ATTEST:
Albert B. Pickett V
�.C Peggy Lou Smith, Clerk- Treasurer
Owen S. Kern
(L-e e, f
Albert F.. Hold"
8 X4.7
OWEN S. III;RN
ATTORNEY AT LAW
GLENDALE BUILDING. SUITE 103
6100 NORTH KEYSTONE AVENUE y
INDIANAPOLIS. INDIANA 46220 {�`Ur ,Mlyn �!!lJV��,Jv
PHONE 253 -6438 (AREA CODE 317) Ct
l/
April 28, 1976
Mr. Thomas H. Krise, Attorney
708 Union Federal Building
45 North Pennsylvania Street
Indianapolis, Indiana 46204
Re: Indiana Mills Manufacturing, Inc.
vs City of Carmel
Dear Tom:
Pursuant to your letter of April 16, 1976, I
am returning the Agreed Entry in the Indiana Mills case.
Please return a signed copy to me, after
being filed with the Court.
Best personal regards,
Owen S. Kern
OSK j l
encl.
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