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HomeMy Public PortalAbout031-2011 - Vacation - alley - South 6th & M _RORDINANCE 31-2011 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ALLEY) WHEREAS, John M. Sayre, III, attorney for Edelman Management, LLC, an Indiana Limited Liability company and Recycling Center, Inc., an Indiana corporation, has petitioned the Common Council of Richmond, Indiana, requesting that a portion of a public way (alley) be vacated, which public way has been identified by Petitioner in a legal description and map showing the portion of the parcel to be vacated, which Petition to Vacate is attached hereto as Exhibit A and is incorporated by reference and made a part of this Ordinance; and WHEREAS, The only abutting landowners are as follows: (a) Edelman Management, LLC (Properties located at 630 South M Street) 3274 Lantern Trail Richmond, IN 47374 (b) Recycling Center, Inc. 630 South M Street Richmond, IN 47374 ; and WHEREAS, Common Council pursuant to Indiana code 36-7-3-12, conducted a public hearing on said petition on July 18, 2011, after publishing legal notice thereof at least 10 days in advance of said hearing as required by statute; and WHEREAS; The Richmond Advisory Plan Commission, pursuant to Richmond Code 155.04(b), conducted a public hearing on said petition on June 23, 2011, after publishing legal notice thereof at least 10 days in advance of said hearings as required by ordinance; and WHEREAS, The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to since industrial interests own both sides of the alley; and WHEREAS, The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient because the alley would only provide access to private property; and WHEREAS, The vacation would not hinder the public's access to a church, school or other public building or place because there are no such properties in that area; and WHEREAS, The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous because this portion of the original subdivision is now owned by industrial interests. WHEREAS, An easement for all current and future utilities will be recorded. WHEREAS, It is desirable to vacate said public way. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that subject to the preservation of easements for existing utilities, the portion of dedicated alley described in attached Exhibit A is hereby vacated and that ownership of such land shall vest in the abutting property owners. This ordinance shall be in full force and take effect upon its passage. Passed and adopted this 18th day of July 2011, by the Common Council of the City of Richmond, Indiana. S/S Diana Pappin President (Diana Pappin) ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana, this 19th day of July, 2011, at 9:00 a.m. ATTEST: _S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 19th day of July, 2011, at 9:05 a.m. S/S Sarah L. Hutton Mayor (Sarah L. Hutton) ATTEST: S/S Karen Chasteen Karen Chasteen, IAMC, MMC City Clerk