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Home My Public Portal About048-2019 - Zoning - Vacation - South 29thIN ORDINANCE NO.48-2019 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET) WHEREAS,. Harry J. Duffey has. petitioned the Common Council of Richmond, Indiana, requesting that a portion of a dedicated public way (street) 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 abutting landowners are as follows: (a) Harry Junior & Billie Jean Duffey 2812 South E Street Richmond, IN 47374 (b) Larry Joe Twine Sr., and Garland Lenell & Bradford Drake Twine, and Larry Jo Twine, JTWROS 2900 South E Street Richmond, IN 47374 (e) Elizabeth Ann Sayne 426 Henley Road Richmond, IN 47374 (d) Jeffrey L. Culbertson 406 Henley Road Richmond, IN 47374 (e) Russell & Brenda G. Redmyer 461 South 28tb Street Richmond, IN 47374 ; and HEREAS, Common Counci pursuant to Indiana Code 35-7-3--12, conducted a public hearing on said petition on after publishing legal notice thereof at �dvance least 10 days in of Aid hearing as required y statute; and wIIEREAS, The Richmond Advisory Plan Commission conducted a public hearing on said petition on 2019, after publishing legal notice thereof at least 10 days in advance of said hearings; and WI1EREAS, 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 street described in attached Exhibit A is hereby vacated and that ownership of such land shall vest in the abutting property owners. Passed and adopted this day of 5 2019, by the Common Council of the City of Richmond, Indiana. ,President (Ronald Oler) AT"TES , (Karen Chasteen, IAMC, MMC) ry PRESENTED to the Mayor of the City of Richmond, Indiana, this day of at Vim. ty Clerk (Karen Chasteen, IAMC, MMC) At RAVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this day of ,,15 2019, at . . 1 ayor IL no ATTES (Karen Chasteen, IAMC, MMC) I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by lave: Kimberly A. vessels VACATION PETITION NO. A PETITION TO VACATE A DEDICATED ROADWAY Comes now the owner of the real estate abutting a dedicated roadway more particularly described herein and, pursuant to Indiana Code § 36-7-3-12, petition for vacation of said dedicated roadway. The dedicated roadway to be vacated is outlined in red on attached Exhibit A and is described as follows, to wit: Situated in the Northwest Quarter, Section 3, Township 13 North, Range 1 west, City of Richmond, Wayne Township, Wayne County, Indiana, Being part of South 29th Street, as platted in "Richard Gennetts Addition, as recorded in plat book 7, page 64, in the Wayne County Recorder's Office, being more particularly described as follows: BEGINNING AT AN IRON ROD FOUND WITH A METAL CAP STAMPED "KRAMER EATON OHIO" AT THE INTERSECTION OF THE EAST LINE OF SOUTH 29TH STREET, AND THE NORTH LINE OF SOUTH E STREET, AND BEING THE SOUTHWEST CORNER OF LOT 7, IN SAID GENNETTS ADDITION, - THENCE NORTH 89054' 34" WEST (BEARINGS ARE BASED UPON GPS COORDINATES, PROJECTION SET: USAINAD831INDIANA EAST) 60.00 FEET ALONG THE NORTH LINE OF SOUTH E STREET, TO AN IRON ROD SET AT IN SAID ADDITION; AND BEING ON THE THE SOUTHEAST CORNER OF LOT 69 WEST LINE OF SOUTH 29TH STREET (ALL IRON RODS SET ARE 518" REBAR WITH A PLASTIC CAP STAMPED BEALS-MOORE RLS 20400025); THENCE NORTH 00031' 13" WEST 423.99 FEET ALONG THE WEST LINE OF SOUTH 29TH STREET, ALSO BEING THE EAST LINE OF LOT 6, AND LOT 31 THROUGH LOT 355 TO AN IRON ROD SET AT THE NORTHEAST CORNER OF SAID LOT 3 5; THENCE SOUTH 89054' 34" EAST 60.00 FEET, TO AN IRON ROD SET ON THE EAST LINE OF SAID SOUTH 29TH STREET, AND BEING THE NORTHWEST CORNER OF LOT 269 IN SAID GENNETTS ADDITION; THENCE SOUTH 00031' 13" EAST 423.99 FEET ALONG THE EAST LINE OF SAID SOUTH 29TH STREET, ALSO BEING THE WEST LINE OF LOT 26 THROUGH LOT 305 AND LOT 7, IN SAID GENNETTS ADDITION, TO THE POINT OF BEGINNING FOR THE VACATION HEREIN DESCRIBED, AS SHOWN ON DRAWING NO. C-- 4017, DATED 30 AUGUST 2019, BEING SUBJECT TO ALL LEGAL EASEMENTS OF RECORD. n Moo" E s ' r 1 ' The undersigned believes the above property should be vacated for the following reasons: The road was never improved since the subdivision was created and does not seem like it r . ever will be. we would like to build a driveway to the East of our house and believe getting the roadway vacated would help with this. The owner(s) of the land that abuts the dedicated roadway to be vacated is/are as follows: . DUFFEY, HARRY JUNIOR & BILLIE JEAN 2812 S. "E" Street Richmond, IN 47374 TWINE, LARRY JOE SR & GARLAND LENELL AND BRADFORD DRAKE TWINE. & LARR Y JO TWINE JTWROS 2900 S. "E" Street Richmond, IN 47374 SAYNE, ELIZABETH ANN 426 Henley Road Richmond, IN 47374 CULBERTS ON, JEFFREY L 406 Henley Road Richmond, IN 47374. REDMYER, RUS SELL & BRENDA G 461 S. 28th St Richmond, IN 47374 Wherefore, the undersigned owner requests that the City of Richmond Common Council adopt an ordinance vacating said public place. . ' Executed this day OL9Zrz;:�;V1 Name of Petitioner HARRY J. DUFFEY By: Printer Capaci _ FEX�HBIT F-9 �� 1-6 dO :-1r,-.)Vd ruoo•ajoowsfoaq*waa,ovns :i!DM 3 tLZS—Z98 (99L) xoY 4 FZOL--Z96 (99L) aua d tLFLt. QuoPtr1 puowyad ♦ zpl . UD! 1I PU UJ( _ x orgo-ol �-sri'J'L'argav t N _ _ [' W E urM 1 [ [ , = � . � S � PUoW1jwJ0/1!3. 1 d z AqA-jnS j o J Dld uOIIuDsGo e ajDa 'ON +W Al aloay� •H uop.tarJ �e vivo tiZ4�•� UMN M ,4ti=ui +r�s iard seuiaU Ppol +►�� 133 I VN laws !P+3 Pud P Lo1-6I4Z j P d � PI�'d 6I4Z } S CZ _ W�0 F1, 4 F° ,sar9! � O � ❑ i M , s 1-W c xe wIn NOILIGOW S,113 30 *101Z1 co n ❑ a� yZto 4J � 2 � � � � � 2 � � � A S, q � L5B6QOZlOL 'OhIY 11�1577l1LSN! 3M M.! rangy, QNYM" & e o tit! 01 Q- f Las) (1os) or Los) (.as) g .on•ort �,rlrccoo�s S3HD V 060.0 g �-x ,00 on xrgar oas 5380V 060.0 $ g r 53WF! 1 D $ w • =� 1SH-L6c% S Al 10 vo or! ire ! raav � A IDWI �9 ,oa or! �t.rl, r�aiv gw ! 10t�tt rears! M.r►, er�01h1 00,09C 4ridr.00� S3210V 6L I.0 g g •B6T9! RHO 'rI 0 Lx) LostL .aor�larlleroew 091 N 609) B� a ,esrse �rl,lraati a r a I �� m tgr XDw woom ®a o 3" �"� a a-: Q Z (p LJ �J4Rx A L ,os NOWCO .09 S,113NN30 .os 8M,9121 ,as _ q ax I a ,09 Lq x W� V bi Li N I- W a w ❑ o Q� z � �000(2)oao NA �'��lr�lt�it►►''111�777 VACATION of PART OF SOUTH .29 STREET For City 4 Richmond Situated in the, Northwest Quarter, .Section 3, Township 13 North, Range 1 west, City of Richmond, Wayne Township, Wayne. County, Indiana, bemng part of South 29 h Street, .as -Planed in "-Richard Gennetts Addition, as .recorded in Mat Book 7, Rage 64, in the Wayne County Recorder's Office, being more particularly described as follows: r Beginning :at an iron rod found with a metal cap stamped " EATEN RI RMOND": at the intersection of the east line of South 29�h ;Street, and the norfh fine.of South *E Street, and bexrig the southwest corner of :Lot 7; in -said Gennetts Addition; thence North 89°54'34" West (bearings are based upon GPS. Coordinates, Projection Set: USA/ rTAD83/lndiana East) 60.00 feet along the north line of South E Street*: to an iron rod -set at the southeast corner of Lot 6, in said Addition, and berg of the -west line of South �9th Street (all iron rods. set are 5/8" rehar with a plastic cap stamped Beals -Moore ;RLS '10400025). thence North D0°311.3"'Vest 423.99 feet along the west Iine of South 29' Street, also being the east Line of Lot 6, sand: Lot '31 through Lot 35, to an iron rod set at the northeast corner of said Lot 3 5; thence South 89°54'34" East .60..00 feet, town iron rod ,set on the east line of said South 29h Street,.and being the northwest corner of Lot 26, in said Ge' nnetts Addition i thence South, 00031' 13" East 423,99 feet along the east line of said- South. 2.9th Street, -also being the, West line of Lot 26 through Lot 3 0, and Lot 7, in :said Gennetts Addition, to the point of begging.forthe ,' 6catlon .herein described, as shown on ])rawmg No. C401.7, dated. 30 August 2019, being subject to all legal easements of record. This is to certify that -the above. description and the plat were prepared this 3 0th .day of August 20 19, from a recent -survey, and are true and correct to the best of my knowledge anal belief. 410 4.48 NO BEALS-MOORE & ASSOCIATES, INC. LS4005 � Gordon E. Moore s-rA E a ♦�o �. L.S. 20400025 State of Indiana i WO 20.19-107 S UTO D sclainxer: Alterations of any part of this legal: description will render it -non- compliant with k&iana Administrative, Come Title .865 LC 1--12:. EXHIBIT . �. PAGE OF_ f LAND DESCRIPTION For City of Richmond Tract I 0.113 Acres Situated in the Northwest Quarter, Section 3, Township 13 North, Range 1 west,. City of Richmond, Wayne Township, Wayne County, Indiana,. being part of a Vacated South 29h Street, as described in Instrument , as -recorded in the Wayne County Recorder's Office, being more particularly described as follows: Beginning at an iron rod. found. with a cap stamped "KRAMER.EATON RICHMOND" at the southwest corner of Lot 7, in Richard Gennetts Addition, -as recorded -in Plat - B o ok 7, Page 64, and being the intetsection of the north. line: of South E, Street, and the east line of said Vacated South.29th: Street; thence North 8.9°5434" West (bearings are based upon. 'GPS- Coordinates, Projection: Set:- USAINAD831Indiana East) 30.00 feet along. said north line, to an iron prod set on the centerline- of said Vacated South. 29h Street .(all iron rods set are 5/$" rebar with a plastic cap stamped Beals-- Moore..RLS .20400025); thence North 00°31' 13" west 163.99 feet along said centerluze; to an iron rod set;. thence South .89'54'34" East 30.00 feet, to an iron pipe found at the northwest corner of said Lot 7; thence South 00°31' 13" East 163.99 feet along the west -line of said Lot 7; to the point of beginning, containing 0.113 acres, more or less, as shown on Drawing No. C-4024,. dated 23 September 2019, being subject to all legal easements of record. This is to certify, that the above description atid the plat were prepared this 23rd day of. S-eptember 2019, froth- a recent survey, and, are true and correct to the best of my knowledge and belief. CY�. #* •� No STATE of Are It �4 I** 4 epa SU M a4 *t4eriouoiate a BEALS-MOCRE & ASSOCIATES, .INC. Gordon E..Moore L.S: 20400025 State of Indiana WO ,2019-107-Tract I Disclaimer. Alterations o, f'anypart of this legal description will render it non -- compliant with Indiana Administrative -Code Title 865 MC 1-12. KE_X*H.:i1EBiT PAGE 5 OF 9 LAND DESCRIPTION For City of Richmond Traet. IZ O.11IAcres Situated m* the Northwest Quarter, Section 3, Township :13 Forth, Range 1 west, City �of Richmond, Wayne Township; Wayne County, Indiana, being_ part of a: Vacated'South 29h Street, as described %n Instrument , as recorded ins the Wayne County Recorder's. Office, being more particularly described as- follows;' Bd rung at an iron rod set at the southwest...c`orner of Lot- , in Richard ennetts Addition, as recorded in P1at Book 7, Page 64, and beiug.the intersection of the north :dine of South E S reet, and the west line of Vacated South .29 Street -(all iron rods set are 5/8" rebar With a plastic tap :stamped- Beals -Moore RLS 20400025); thence North 40031' 13" west -(bearings are based upon GPS Coordinates, Projection :Set: USAINAD83/Indiana East) 1.63.99 feet, to an,iron pipe. -found at the northeast'corner of'said Lot 6: - thence South 89°54'34" .East 163.99- feet, to an iron rod set on the centerline of said Vacated -South 2 9t' Street; thence South 00°3113" East 1.63.99 feet along said centerfine, to an: iron rod set on north line of .South E 'Street; thence North-890,54'34" west 30:40' feet along said north -line of said -Lot 7, to the,point of beginning, containing 0.113 acres, more or less, as shown- on ;Drawing No C 4.024, dated 23 September 201 % being subject to all. legal easemexnts of record. This is to certify that the above description. and the plat were prepared this. 23r1 day of September. 2019, from a recent sutrrey, and are true and correct to the best,of my knowledge and belief. " r 1001 .,,+ �, .* ;' �' `♦;10 SEALS --MARE A S SIATES, C. Gordon E. Moore No L.S. 20400025. L 2 . = State of Indiana r STATE of WO.2019.107-Tract 1 SUFN 44r08; e A f 314% j Disclaimer: Alterations ofany part, of this legal description will render 'it non-- -conip cant with Indiana Administrative Code Title ,865 L4 C 1-12. LAND DLSCRIFTION For City of Richmond Tract III 0.179 Acres Situated in the ortYiwest .quarter, Section 3, Townshi'p 13 North, Range 1. Nest,. City of Richmond, -Wayne Township, Wayne County, Indiana, being part of a Vacated South 29"' Street; as described in Instrument , as recorded in the Wayne County Recorder's Office, being more particularly described as follows: Beginning. at an iron pipe found at the southwest comer -of Lot 31, in Richard Gennetts- Addition, ,-on-the west lxne� of Vacated. South 29' -Street, as recorded in flat -Book 7, Page 64, to an iron rod found; thence North 00°31" 13" West (bearffigs are based upon GPS Coordinates; Projection Set: USAINAD83I.Indiana East) 260.00 feet along the west line of Vacated South 29h Street; to an iron rod found at,the northeast corner of Lot 3.5, n said Addition, with a plastic cap stamped Beals -Moore Assoc..RLS 20400025; i . thence South 8 °54'34" East 30.00 fee to an Iron rod set on the centerline of said Vacated South 29 Street all i. on rods set are 5l8" rebar vaith a plastic cap stamped Beals -Moore RL8 .20400025) ; thence South 40031' 13" East 260.00 feet along'said centerline; -to an iron rod set; thence North 89°54'34" 'Test 30.00 feet,. to the point of beginning,. containing 0.179 acres, more or less, as shown on Drawing No..C-4024, dated 23 September 2019, being subject to all legal easements of record. This is to certifythat the above descn" tion and the plat were prepared this 23xd day of September P P P P � . 2019; from a recent survey, and are.true and Correct to the best of my knowledge and belief. b �+ w * w No, p STATE OFop #� su �a BEALS--MOORE & ASSOCIATES, INC Gordon E. Moore L.S. 20400025 State of Indiana WO 2019'-107-Tract III Disclaimer: 4.Iterations. of any part of this legal description v'ill render -it non- compliant with 1hdiana ,ddministrative Code Titre 865 L4C 1-12. EtXH-,BIT $ P�iG� �QF� LAND DESCRIPTION For City of Richmond Tract IV 0.090 Acres Situated in the Northwest Quarter, Section 3, Township i3 North, Range-1 west,. City of Richmond, Wayne Township, Wayne County, Indiana, being .part of a Vacated South 29.0Street, as described 'xn instrument , as recorded, in the Wayne County Recorder'-s Office;. being more particularly described as follows: Beginning, at an iron rod set at the northwest cornier of Lot .26, in Richard Gennetts Addition, as recorded in. Plat Book 7, Page .64,. (all'iron rods set are 5l8" 'rebarwith a plastic cap- stamped Beals -Moore RLS 20400025); thence South 0093 .' 13" Bast (bearings are based upon GPS Coordinates, Projection Set: USAINAD83Andian.a East)130.00 feet along the east line of Vacated. South 29t' Street, to an iron set; thence North 89054'34" west 30.00 feet, to an iron rod set on the centerline of said Vacated South 29h Street; thence North, 009 P 13" west 130.00 feet along said centerline, to ail iron tod set; thence South -89054'34" west 30:00 feet, to the point ofbeginning, containlng 0.090 acres, more or less, as shown on I3rawing No. C-4024, dated 23 September 2019, being subject to all legal easements of record. This is to certify that the above description and the plat were prepared this.23"l day of September 2019, from a recent survey, and are true and correct to the best of mylmowkdge and belief. 0" E. BEALS-MOORS & ASSOCIATES, INC. �� ►��++ a r+; �+ Gordon E. Moore ISTZ t L.S.. 20400025 NO . � LS2M002� � � State of Indiana.:�---a WO 2'019--107-Tract IV STATE OF A '100 <4 SUFN %to Disclaimer: alterations o. f and' part of this- legal descroti'on will render it non- compliant with Indiana Admin-istrative Code Title 865 LIC 1--12. FE H�I1`f -A—PAGE �OF.� V • y LAND. DESCRIPTI.ON For City of Richmond Tract V 0.090 Acres Situated in the Northwest Quarter, Section 3, Township .13 North., .Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, being part of a Vacated -South 29h Street, as described .in Instrument , as recorded in the Mayne County Recorder's - Office, being more particulatly described as follows:. Beginning at an iron pipe found at the southwest corner of Lot 3 0, in. Richard Gennetts Addition, as recorded in Plat Boom 7, Page 64, and being on the eastline of Vacated South 29t" Street thenceNorth 89°5434" West (bearings are based upon GPS Coordinates, Projection. Set: USA/NAD83IIndiana East) 3.0.00 feet, to an iron rod set (all iron -rods -set are 518" rebar with a plastic cap stamped Beals -Moore RLS 20400025); thence North 00°31' 13" Vest 13 0.00 feet along the centerline of Vacated South 29 h Street; to an iron rod set; thence South 89°54'34" East 30.00 feet, to aft iron -rod found on the eastline of Vacated South 29th Street; thence South 00°3I'137 East 130.00 :feet along the east .luie .of Vacated South 2SP Street, to the point of beginning, containing 0:090 acres, more or less, as shown on Drawing No. C�-4424,, dated 23 September 2019, being subject to 'all legal easements of record. This is to certify that the above description and the plat were prepared this 23Fd day of September 2019, from a recent survey, and are true and correct to the best of my knowledge and belief. v � 0 E. 0 jA� 4 No q L520400025 , STATE of �* 10 SUS BE.ALS--MOORE & ASSGCI TES, INc. Gordon E. Moore L.S_ 20400025 State of Indiana WO 2019-107-Tract V Disclaimer: Alterations of any part of this legal description will render at non -- compliant with Indiana Administrative -Code Title.865 44C .1-12.