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HomeMy Public PortalAbout047-2012 - Vacation - south O & P area2012007997 ORDINANCE $17.00 09/21/2012 10:24:02A 4 PGS Debra S Tiemann Wayne County Recorder IN Recorded as IIIIIIIIIIIIIIIIllll4llllllllllllllllllll llllllllllllllllllllllll4llll ORDINANCE NO.47-2012 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET) WHEREAS, Wernle Children's Home has 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 Petitioner is the only abutting landowner; and WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition on 2012, after publishing legal notice thereof at least 10 cTays in advance of said hearing as required by statute; and WHEREAS, The Richmond Advisory Plan Commission, pursu t to Richmond Code 155.04(b), conducted a public hearing on said petition on o� 2012, after publishing legal notice thereof at least IO days Kd advance of said hearings as required by ordinance; and 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 street described in attached Exhibit A is hereby vacated and that ownership of such land shall vest in the abutting property owner. Passed and adopted this day of 12012, by the Common Council of the City of Richmond, Indiana. President (Philip Matthew Quinn) ATT (Karen Chasteen, IAMC, MMC) Sa-� •�'a-io1_Got-�q 5-0,oq_aas-L401.o01.2-9 50•oci - zqo -3o1,001 .zg 50-C,.2.46•Hol•0o1-21(j DULY ENTERED FOR TAXATION ThlsR lI day of , 20_�� PRESENTED to the Mayor of the City of Richmond, Indiana, this Ae day of , 2012, at 9:00 a.m. IV c (Karen Chasteen, IAMC, MMC) APMOVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this %d day of 2012, at 9:05 a.m. n XA�4ayor (Sarah L. Hutton) (Karen Chasteen, IAMC, MMC} Instrument prepared by Walter S. Chidester, City Attorney, Department of Law, Richmond, Indiana. 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 law: Walter S. Chidester. VACATION PETITION NO. A PETITION OT VACATE DEDICATED ROADWAYS Situated in the Northeast Quarter, Section 9, Township 13 North, Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, being a Vacation of parts of South P Street, South 0 Street, and South 206' Street in Richards Addition, as recorded in Plat Book 6, Page 68, in the Wayne County Recorder's Office, being more particularly described as follows: Commencing at a mag nail found at the southeast corner of the Northeast Quarter, in the intersection of Wernle Road and South 23'd Street; thence North 00*01'25" West (bearings are based upon GPS Coordinates, Projection Set: USAINAD831lndiana East) 864.87 feet along the east line of said Quarter, in South 23`d Street, to the southeast corner of said Richards Addition; thence South 89' 15'35" West 394.00 feet along the south line of Richards Addition, to the POINT OF BEGINNING for the Vacation herein described; thence South 89' 15'35" West 892.28 feet along the south line of Richards Addition, also being the south line of South P Street, to the southwest comer of Richards Addition; thence North 00'01'25" West 904.60 feet along the west line of Richards Addition, also being the west line of South 20'h Street; thence North 82'24'42" East 70.61 feet; thence South 00*0 P25" East 543.05 feet along the east line of South 20'h Street; thence North 89' 1515" East 294.20 feet along the north line of South O Street, to a point on the west line of South 2 1 " Street; thence South 00*01'25" East 60.00 feet along the west line of South 21" Street, to a point on the south line of South O Street; thence South 89' 15'35" West 294.20 feet along the south line of South O Street; thence South 00°01'25" East 280.00 feet along the east line of South 206 Street; thence North 89' 15'35" East 822.28 feet along the north line of South P Street, to a point on the west line of South 22°d Street; thence South 00°01'25" East 30.00 feet along the west line of South 22°d Street, to the point of beginning, containing 2.432 acres, more or less, being I A61 acres, more or less, in the right-of-way of South 20ih Street, 0.405 acres, more or less, in South 0 Street, and 0.566 acres, more or less, in South P Street, as shown on Drawing No. D-2594, dated 24 July 2012, being subject to the all legal easements of record. ALSO SUBJECT TO: A 25.00 feet wide Sanitary Sewer Easement along the east side of the above described portion of South 200' Street. The east line of said easement is the east right-of-way line of South 2e Street, the west line being 25.00 feet west of and parallel with the east right-of-way line of South 20'h Street; This is to certify that the above description and the attached plat were prepared this 24d' day of July 2012, from a recent survey, and aretrueand correct to the best of my knowledge and belief. The undersigned believes the above property should be vacated for the following reasons: (a) There has been no interest shown in making this roadway a public street for approximately the past 85 years. (b) There is no demonstrated current interest in making this roadway a public street. (c) The undersigned believes that vacation will not hinder the growth or orderly development of the City. (d) The undersigned believes that vacation will not hinder the public's access to any church or public place. (e) The undersigned believes that vacation will not hinder the use or future growth of developed public ways. Executed this day of 2012, By: Printed; Capacity: EMIBI;_�LPAGE ! OF L Y3 p€g Nit kv �g �� ��� � IRS a � �1 � n �aop j� 3 � s yp 0ZI nna � 8 Vacation of Roads for Wernle Children 's Home L�,A aaa1 a --I rap ve' SYr47 R'chmend..andia+w 47J74 phone e765) 962-702J fw -1 952-5274 £—xroa: swrnyxs98eelsmanrc.ca.n RECORDED SEP 212012 DEBRA S.TIEMANN, R-W.0