HomeMy Public PortalAbout004-1997 - Vacation - Alley - South 15th - 16th Street1997001348 9?FE111 12
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ORDINANCE 4-1997
A SPECIAL ORDINANCE VACATING THE ALLEY BETWEEN SOUTH
15TH STREET AND SOUTH 16TH STREET ALONG THE NORTH SIDE
OF LOTS 14 AND 27 AND ADJOINING LOT 14 AND PART OF LOT 15
ON THE EAST, AND ADJOINING LOT 27 AND PART OF LOT 28 ON
THE WEST.
Whereas The Whitewater Monthly Meeting of the Religious Society of Friends and
RX Development, Ltd. have petitioned Common Council of Richmond,
Indiana, requesting the vacation of the alley between South 15th Street
South 16th Street along the north side of Lots 14 and 27 and adjoining lot
14 and part of lot 15 on the East, and adjoining lot 27 and part of lot 28 on
the West in the rectangular block bounded by East Main Street and South A
Street, the same being Vacation Petition No. 2-1997, and
Whereas the sole owner of all land abutting the above described public way
has initiated said petition requesting vacation, and
Whereas said Council, pursuant to Indiana Code 36-7-3-12, conducted a public
hearing on said petition February 3, 1997, 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 January 28, 1997,
after publishing legal notice thereof at least 10 days in 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 public way
described below is hereby vacated and the abutting property owners shall acquire
ownership of the land heretofore dedicated as a public way as indicated below, to wit:
The alley between South 15th Street and South 16th Street along the north side of
Lots 14 and 27 and adjoining lot 14 and part of lot 15 on the East, and adjoining lot
27 and part of lot 28 on the West in the rectangular block bounded by East Main
Street and South A Street, which alley is more particularly described on Exhibit A
attached hereto, with The Whitewater Monthly Meeting of the Religious Society of
Friends, acquiring a strip equal to the full width of said vacated alley abutting
the north and east sides of Auditor's Map No. 46-33-340-126.000-29 and abutting
the south and west sides of Auditor's Map No. 46-33-340-101.000-29.
Passed and adopted this 3rd day of February, 1997, by the Common Council of the City of
Richmond, Indiana.
T.VRED ON AUDITOR'S
l:
President
(Bob Dickman)
ATTESTS / t1 ��_L� .&�L,-,--City Clerk
(Norma Schroeder)
IENTED to the Mayor of the City of Richmond, Indiana, thisday of
,Y 1997, at 9:00 a.m.
'v
c
City Clerk
(Norma Schroeder)
AP rVED b nVennis Andrews, Mayor of the City of Richm7�11
ndiana, this
dayof��y L� , 1997, at 9:05 a.m. j
. , Mayor
i
ATTE4�(itorma
City Clerk
chroeder)
BEFORE THE COMMON COUNCIL
OF THE CITY OF RICHMOND, INDIANA
IN THE MATTER OF THE PETITION OF PETITION TO VACATE ALLEY
RX DEVELOPMENT, LTD., AN OHIO
LIMITED LIABILITY COMPANY OF
HOLLAND, OHIO, TO VACATE AN ALLEY
Gary A. Yunker, being first duly sworn, deposes and states the following:
1.
Affiant is the duly authorized agent and officer of Wolf Creek Development, Ltd., an
Ohio limited liability company, a member of RX Development, Ltd., an Ohio Limited Liability
Company, whose mailing address is 1545 Timberwolf Drive, Post Office Box 962, Holland,
Ohio 43528-0962, holder of an Offer to Purchase on the property known as 1501 East Main
Street, Richmond, Indiana 47374 and legally described on Exhibit A attached hereto.
2.
The Whitewater Monthly Meeting of the Religious Society of Friends, whose mailing
address is 1501 East Main Street, Richmond, Indiana 47374, is the owner of the property and
has accepted the Offer to Purchase from the petitioner and has agreed to convey its ownership
in the entirety.
3.
The alley sought to be vacated has not been used as an alley for over 50 years and is
presently part of a large area of the property that is used as a parking lot. A strip of land fifteen
feet wide off the south side of Lots 15 and 28 is presently used for an alley in lieu of the alley
sought to be vacated.
Es
Petitioner intends to improve the property with the construction of a building to be used
as a drugstore and a construction of a building to be used as a retail store.
Page 2 of 2
WHEREFORE, petitioner prays that a hearing be held as provided by statute as Indiana
Code 36-7-3-12 and that the Richmond Common Council adopts an ordinance vacating the
fifteen foot alley that is located along the north side of Lots 14 and 27 and adjoins Lot 14 and
part of Lot 15 on the East, and adjoins Lot 27 and part of Lot 28 on the West. The alley sought
to be vacated is outlined in yellow on the survey drawing attached hereto as Exhibit B.
RX Development, Ltd., an Ohio
Limited Liability Company
By: Wolf Creek Development, Ltd.,
an Ohio limited liability company,
Member
By:
/ !�I
Gary A. Y nker ice President
~h
State of Ohio ) '� ?� L , S •,,
County of Lucas
Sworn to and subscribed before me this 30 day of December, T •.....-• p
•ti E O �•
No Public
C14�+i a; E i„
aNatcrV Public, State of Ohio
Exhibit A
LAND DESCRIPTION:
(outlined in red on the attached plat)
Being in Mendenhall and Prices' Addition, as recorded in Plat Book 2, Page 74 in the Office of the
Wayne County Recorder, Wayne County, Indiana, all of Lots Numbered 14 and 27 and part of Lots
Numbered 15 and 28 and a 15.00 foot wide alley along the north side of Lots Numbered 14 and 27, and
also part of Tract Number 478 of the Official Map of the City of Richmond, Wayne County, Indiana, and
being more particularly described as follows:
Beginning at an iron rod set at the intersection of the east right-of-way line of South 15th Street with the
south right-of-way line of United States Highway Number 40, and running thence north 84 degrees, 10
minutes and 50 seconds east, along the south right-of-way line of said Highway, 255.00 feet to an iron
rod set; thence south 61 degrees, 28 minutes and 55 seconds east, continuing along said south
right-of-way line, 17.73 feet to an iron rod set at the intersection of said south right-of-way line with the
west right-of-way line of South 16th Street; thence south 00 degrees, 19 minutes and 55 seconds east,
along the west right-of-way line of said South 16th Street, 337.72 feet to an iron rod set at the
Intersection of said west right-of-way line with the north line of a 15.00 foot wide alley, thence south 89
degrees, 57 minutes and 05 seconds west, along the north line of said alley, 269.35 feet to an iron rod
set at the intersection of said north line with the east right-of-way line of said South 15th Street; thence
north 00 degrees, 19 minutes and 55 seconds west, along said west right-of-way line, 320.55 feet to the
place of beginning, containing an area of 2.064 acres.
SUBJECT TO: Any easements of record.
This is to certify that the above description and attached plat were prepared this 12th day of December
1996, from a recent survey, and are true and correct to the best of my knowledge and belief.
STF��
N O 7955 EALS SURVEYING CORPORATION
T E o f // C; By: John E. Beals
Reg. Surveyor No. 7955
'NDiAN� d� q State of Indiana
SURD c�Y j W/O 16968
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RICHMOND ADVISORY PLAN COMMISSION
RICHMOND, INDIANA
January 29, 1997
Mr. Robert Dickman, President
Richmond Common Council
Richmond, IN 47374
RE: Vacation Petition No. 2-1997 (Ordinance No. 4-1997)
Dear Mr. Dickman:
Please advise the members of Common Council that the Richmond Advisory Plan Commission
conducted a public hearing, Tuesday, January 28, 1997, on the petition to vacate the
unimproved alley between South 15th Street and South 16th Street in the rectangular block
bounded by East Main Street and South A Street (Friends Church property).
The owners represent that:
( 1 ) Any existing utility installations will be granted easement rights; and
(2) The alley is not necessary to provide pedestrian and vehicular traffic flow, in fact the
alley does not physically exist and a structure is built atop the alley right-of-way; and
(3) There are no plans or circumstances under which the future use of said public ways as
alleys would be necessary; and
(4) The requested change would provide clear title for the property without creating any
practical effect since the alley does not exist.
The Commission voted 9 in favor and none opposed, with 2 absent, to recommend the passage of
Vacation Petition No. 2-1997 and amended Ordinance No. 4-1997.
Robert Goodwin
Executive Secretary
RICHMOND ADVISORY PLAN COMMISSION
RICHMOND, INDIANA
January 29, 1997
Mr. Robert Dickman, President
Richmond Common Council
Richmond, IN 47374
RE: Vacation Petition No. 2-1997 (Ordinance No. 4-1997)
Dear Mr. Dickman:
Please advise the members of Common Council that the Richmond Advisory Plan Commission
conducted a public hearing, Tuesday, January 28, 1997, on the petition to vacate the
unimproved alley between South 15th Street and South 16th Street in the rectangular block
bounded by East Main Street and South A Street (Friends Church property).
The owners represent that:
( 1 ) Any existing utility installations will be granted easement rights; and
(2) The alley is not necessary to provide pedestrian and vehicular traffic flow, in fact the
alley does not physically exist and a structure is built atop the alley right-of-way; and
(3) There are no plans or circumstances under which the future use of said public ways as
alleys would be necessary; and
(4) The requested change would provide clear title for the property without creating any
practical effect since the alley does not exist.
The Commission voted 9 in favor and none opposed, with 2 absent, to recommend the passage of
Vacation Petition No. 2-1997 and amended Ordinance No. 4-1997.
ly submitt d,
Robert Goodwin
Executive Secretary
1997001348 97FE812 A N I I : I I
v#'AYfiIL CCufi i ; F L,-- Erg
ORDINANCE 4-1997
A SPECIAL ORDINANCE VACATING THE ALLEY BETWEEN SOUTH
15TH STREET AND SOUTH 16TH STREET ALONG THE NORTH SIDE
OF LOTS 14 AND 27 AND ADJOINING LOT 14 AND PART OF LOT 15
ON THE EAST, AND ADJOINING LOT 27 AND PART OF LOT 28 ON
THE WEST.
Whereas The Whitewater Monthly Meeting of the Religious Society of Friends and
RX Development, Ltd. have petitioned Common Council of Richmond,
Indiana, requesting the vacation of the alley between South 15th Street
South 16th Street along the north side of Lots 14 and 27 and adjoining lot
14 and part of lot 15 on the East, and adjoining lot 27 and part of lot 28 on
the West in the rectangular block bounded by East Main Street and South A
Street, the same being Vacation Petition No. 2-1997, and
Whereas the sole owner of all land abutting the above described public way
has initiated said petition requesting vacation, and
Whereas said Council, pursuant to Indiana Code 36-7-3-12, conducted a public
hearing on said petition February 3, 1997, 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 January 28, 1997,
after publishing legal notice thereof at least 10 days in 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 public way
described below is hereby vacated and the abutting property owners shall acquire
ownership of the land heretofore dedicated as a public way as indicated below, to wit:
The alley between South 15th Street and South 16th Street along the north side of
Lots 14 and 27 and adjoining lot 14 and part of lot 15 on the East, and adjoining lot
27 and part of lot 28 on the West in the rectangular block bounded by East Main
Street and South A Street, which alley is more particularly described on Exhibit A
attached hereto, with The Whitewater Monthly Meeting of the Religious Society of
Friends, acquiring a strip equal to the full width of said vacated alley abutting
the north and east sides of Auditor's Map No. 46-33-340-126.000-29 and abutting
the south and west sides of Auditor's Map No. 46-33-340-101.000-29.
Passed and adopted this 3rd day of February, 1997, by the Common Council of the City of
Richmond, Indiana.
`''TERED ON AUDITOR'S
" CORDS THIS ........1.l...........
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