11821 Eden Glen - VACATION OF EASEMENT - O'Rouke, James/Kathie PETITION FOR VACATION OF EASEMENT
COME NOW James G. O'Rourke and Kathie S. O'Rourke, husband
and wife, (hereinafter referred to as "Petitioner pursuant to
Indiana Code §36- 7 -3 -16, and in support of this Petition for
Vacation of Easement, alleges and says:
1. Petitioner is the owner of the real estate commonly
known as 11821 Eden Glen Drive, Carmel, Indiana and more
particularly described as follows:
Lot Numbered 20 in Eden Glen, a subdivision in Hamilton
County, Indiana, the plat of which is recorded in Plat
Book 3, page 148 in the Office of the Recorder of
Hamilton County, Indiana, together with part of Lot 21
in said Eden Glen being more particularly described as
follows: Beginning at the Southwest corner of said Lot
21, thence Southeasterly along the South line of said
Lot 21 a distance of 152.21 feet to the Southeast
corner of said Lot 21, thence Northerly along the
Easterly line of said Lot 21, a distance of 102.07 feet
to a point; thence South 84 degrees 56 minutes 55
seconds West 14.39 feet to a point; thence North 68
degrees 08 minutes 51 seconds West 86.23 feet to a
point thence North 41 degrees 05 minutes 36 seconds
West 118.65 feet to a point on a 6.9449 degrees curve
to the right, the radius point of said curve being
North 73 degrees 04 minutes 10 seconds West 825.00 feet
from said point; thence Southerly along said curve
125.53 feet to the southwest corner of said Lot 21 and
the Point of beginning of this description.
2. A single- family, residential dwelling is located on Lot
20 and is occupied by Petitioner as their personal residence.
3. The part of Lot 21 owned by Petitioner is unimproved.
4. Lot 21 is subject to a utility easement as shown on
Exhibit A hereto described as:
5 feet by parallel lines off of the southern boundary
line of Lot 21 in Eden Glen, a subdivision in Hamilton
County, Indiana, the plat of which is recorded in Plat
Book 3, page 148 in the Office of the Recorder of
Hamilton County, Indiana.
(hereinafter "Easement
5. The Easement has not been occupied or used by any public
utility.
6. Petitioner is desirious of using the part of Lot 21
owned by Petitioner in conjunction with his ownership of Lot 20
for the purpose of constructing thereon a swimming pool and the
vacation of the easement is necessary to allow such improvement.
7. The names and addresses of all abutting property owners
are listed on Exhibit B.
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8. The real estate owned by Petitioner is located within
the jurisdictional limits of the City of Carmel, Indiana.
9. The consents of Public Service Indiana, The City of
Carmel, Indiana Gas Company, Inc., Indiana Bell Telephone
Company, Inc., and Jones Intercable, Inc. are attached hereto
respectively as Exhibits C -1 through C -5 inclusive.
WHEREFORE, Petitioner respectfully requests the Carmel City
Council to vacate the easement.
II 0
Jam's G. O'Rourke
IPA (id j i S
Kathie S. O'Rourke
James J. Nelson
NELSON FRANKENBERGER
3021 East 98th Street, #220
Indianapolis, IN 46280
317/844 -0106
Attorney for Petitioners
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INDIANA DATE 1. 219 [SCALE I t so r I REV. IN ®l�ePdA 1 l IASI'.
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ituoYN3 Post N 1475 EXHIBIT "A"
PARTIAL RELEASE OF EASEMENT
THIS INDENTURE WITNESSETH, That PUBLIC SERVICE COMPANY OF INDIANA,
INC., "Grantor an Indiana corporation having its principal office at 1000
East Main Street, Plainfield, Hendricks County, Indiana 46168 RELEASES AND
QUITCLAIMS to James G. and Kathie O'Rourke "Grantees for the sum of One Dollar
(1.00) and other valuable consideration, the receipt of which is hereby acknowledged,
all right, title and interest which Grantor derives from that certain Plat of Eden
Glen dated June 9th, 1971, and recorded in Plat Book 3, Page 4, in the Office of
the Recorder of Hamilton County, Indiana, with respect to the following described
real estate only:
A portion of a platted utility easement, the center
line of which portion is more particularly described as follows:
Beginning at a point ten (10) feet, more or less, in
a Northwesterly direction from the Southeast corner
of Lot 21, to the true point of beginning; thence
extending one hundred twenty (120) feet, more or less,
in a Northwesterly direction along the Southerly line of
Lot 21, to a point; thence extending in a Northeasterly
direction five (5) feet, more or less, to a point; thence
extending in a Southeasterly direction one hundred twenty
(120) feet, more or less, to a point; thence extending in a
Southwesterly direction five (5) feet, more or less, to a point
of terminus, which is part of the land of the Grantees described
in that certain Warranty Deed recorded as Instrument Number
8816647, in the Office of the Recorder of Hamilton County
State of Indiana, Plat Book 3, Page 148.
Grantor states that there is no Indiana Gross Income Tax due an owing on this
transaction.
t VUT F TT
STATE OF INDIANA
SS:
COUNTY OF Hamilton
Before me, the undersigned, a Notary Public in and for the County
and State aforesaid, duly commissioned and qualified, do hereby certify that
on this 24thday of April 1989, before me personally appeared Kirk E. Hobbs
the District Manager, and executed the foregoing instrument in his name and
acknowledged the execution of said instrument as his free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal on the day, month and year aforesaid.
Notary Public
BARBARA J. LUNSFORD
My Commission Expires:
May 7, 1991
My County of Residence:
Hamilton
a
This instrument prepared by
John B. Scheidler
Attorney At Law
1000 East Main Street
Plainfield, Indiana 46168
IN WITNESS WHEREOF, the said PUBLIC SERVICE COMPANY OF INDIANA, INC.,
has caused this indenture to be signed in its proper corporate name by its duly
authorized agent, this 24th day of April 1989.
PUBLIC SERVICE COMPANYY OF INDIANA
a!
E. Hobbs
iistrict Manager
tit)
EDEN GLEN
PLAT 13ooK 3 PG. 148
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PUBLIC APP. 11821 NO .-rq 1= DE14 CsLEii 0C`1VE
SERVICE
INDIANA DATE 21 29 scALE I 5� Rev. r
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PARTIAL RELEASE OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that for value received, receipt of which is
hereby acknowledged, INDIANA BELL TELEPHONE COMPANY, INCORPORATED, RELEASES all right,
title and interest which Grantor derives from that certain Plat of Eden Glenn, dated
June 9, 1971, and recorded in Plat Book 3, page 4, in the Office of the Recorder of
Hamilton County, Indiana with respect to the following described real estate only:
SEE ATTACHED EXHIBIT "A"
IN WITNESS WHEREOF, INDIANA BELL TELEPHONE COMPANY, INCORPORATED, has caused
this instrument to be executed by its District Manager this day
of r;4/.7/ 1989, at Indianapolis, Indiana INDIAN. '.S COMPANY, INCORPORATED
By:
D Schriner, District Manager
State of Indiana
SS:
County of Marion
Personal appeared before me, a Notary Public, in and for said County and
State, this /b day of y 1989, D. F. Schriner, known to me to
be District Manager of the INDIANA BELL TELEPHONE COMPANY, INCORPORATED, who
acknowledged the execution of the above instrument as a voluntary act and deed on behalf
of said corporation.
RIND V1. PINE
NOTARY PUBLIC STATE OF
WARD Notary Public
QTY COMISSION EXP.1Ai1. 22.
Resident of County
My commission expires
This instrument was prepared by Joset Wright Lloyd, Attorney
3094Q Or
O ICIAL SEAL
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APP. \n1 No :TN F-DE.14 C O21vE