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HomeMy Public PortalAbout055-2011 - Vacation - South 14th & P Street _GAMENDED ORDINANCE NO. 55-2011 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET) WHEREAS, Habitat for Humanity and Larry R. and Barbara Garrett have petitioned the Common Council of Richmond, Indiana, requesting that a portion of a 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 only abutting landowners are as follows: (a) Habitat for Humanity (property located at 1420 South P Street) 1114 South F Street Richmond, IN 47374 (b) Larry R. and Barbara Garrett (property located at 1601 South 14th Street) 4496 North Round Barn Road Richmond, IN 47374 ; and WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition on March 19, 2012, 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 February 23, 2012, after publishing legal notice thereof at least 10 days in advance of said hearings as required by ordinance; WHEREAS, It is desirable to vacate said public way. WHEREAS, The City is not responsible for any further improvement to the site, and WHEREAS, Habitat for Humanity shall provide a paved driveway to the structure; and WHEREAS, The adjoining property owners shall sign an affidavit testifying they understand the City is no longer responsible for what will be a three-way share driveway; and WHEREAS, An access easement acceptable to the City will be signed by all three property owners; and WHEREAS, The documents vacating the road, establishing the access easement and utility easement shall be recorded with the title to all three properties. 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 19th day of March, 2012, by the Common Council of the City of Richmond, Indiana. _S/S Philip Mathew Quinn , President (Philip Mathew Quinn) ATTEST: _S/S Karen Chasteen , City Clerk (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this 20th day of March, 2012, at 9:00 a.m. _S/S Karen Chasteen , City Clerk (Karen Chasteen, IAMC, MMC) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 20th day of March, 2012, at 9:05 a.m. _S/S Sarah L. Hutton Mayor (Sarah L. Hutton) ATTEST: _S/S Karen Chasteen , City Clerk (Karen Chasteen, IAMC, MMC)