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