STATE OF INDIANA SS: COUNTY OF MADISON THE ANDERSON CITY COUNCIL ANDERSON, INDIANA IN RE THE MATTER OF: THE PETITION OF BFS REALTY LLC TO VACATE A PUBLIC EASEMENT PETITION TO VACATE PUBLIC EASEMENT Petitioner, BFS REALTY LLC, hereby petitions the City Council for the City of Anderson, Indiana, to vacate a public easement ("Public Easement") located within the territorial limits of the City of Anderson, Madison County, Indiana, and, in support hereof, states as follows: 1. Petitioner's office is located at 1622 N. Madison Avenue, Anderson, Indiana 46011-2130. 2. The Public Easement to be vacated comprises a public utility easement which is shown as the five (5) foot hatched areas running both East-West and North-South and on the attached "EXHIBIT 1" attached hereto and made a part hereof by this reference, said Easement being more particularly described per the legal description as follows, to-wit: Commencing at a point marking the Northwest comer of the South Half of the Northwest Quarter of Section 1, Township 19 North, Range 7 East; thence South 89 degrees 20 minutes 13 seconds East along the North line of the South Half of the said Quarter Section a distance of 150.0 feet to the northwest comer of Lot 32 in Country Clubview Addition, a subdivision in the City of Anderson, as recorded in Plat Book 11, page 23, records of Madison County, Indiana; thence South 00 degrees 44 minutes 24 seconds West on the west line of said Lot 32 a distance of 5.00 feet to the POINT OF BEGINNING of this description; thence continuing South 00 degrees 44 minutes 24 seconds West on said west line a distance of 55.00 feet to the northeast comer of Lot 33 in said subdivision; thence North 89 degrees 20 minutes 13 seconds West on the north line of said Lot 33 a distance of 110.00 feet to the northwest comer of said Lot 33; thence South 00 degrees 44 minutes 24 seconds West on the west line of said Lot 33 a distance of 5.00 feet; thence South 89 degrees 20 minutes 13 seconds East parallel with the north line of said Lot 33 a distance of 115.00 feet; thence North 00 degree 44 minutes 24 seconds East parallel with the west line of said Lot 32 a distance of 60.00 feet; thence North 89 degrees 20 minutes 13 seconds West parallel with the north line of said Lot 32 a distance of 5.00 feet to the POINT OF BEGINNING of this description. Containing an area of 850.0 feet, more or less. 3. Petitioner, furthermore, owns the parcels of real estate which comprise (a) a parcel to the North of and West ("Parcel 1") of which is contiguous to and adjacent to the Public Easement to be vacated, and (b) parcels (identified on "Exhibit 1" as by an encircled 32 and 33 thereupon and situated to the East of and South of the said Parcel 1) pursuant to which the Public Easement to be vacated is situated on, over, across and through. 4. Said Public Easement does not contain any service utilities and appears to have been abandoned. 5. Said Public Easement, furthermore, is not necessary for the growth or the development of the neighborhood, is not necessary for access for adjoining property owners, is not necessary for access to a church, school or public building, and its vacation would in no way harm the neighborhood. 6. As above provided, Petitioner owns the parcels of real estate which are contiguous to and adjacent to the Public Easement as well upon which the Public Easement is situated on, over, across and through, and the vacation of said Public Easement would allow Petitioner to develop additional medical facilities and to provide additional services to the public. 7. The closing of the Public Easement, as described herein, would not cause any damage to adjoining property owners. 8. Pursuant to statute, Notice of this Petition shall be provided as described in Indiana Code 5-3-1. Specifically, Notice shall be published one time, at least ten (10) days before the date of the initial consideration of the Anderson City Council on July 12, 2018. WHEREFORE, Petitioner, BFS REALTY LLC, prays that the Public Easement described herein be vacated, and that title to the subject property devolve in accordance with applicable law and, furthermore, prays for all other relief just, proper and appropriate in the premises. PETITIONER BFS REALTY LLC By: Michael Baker, Member This instrument prepared by Jeffrey R. Slaughter, Attorney at Law, 8310 Allison Pointe Boulevard, Suite 204, Indianapolis, Indiana 46250 / Telephone (317) 579-0816. HB-541 June 26 hspaxlp
↧