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Home My Public Portal About059-2012 - vacation - alley 0 050 acres south of north h east o2013000131 ORDINANCE, $17.00 01/07/2013 11:31:47A 4 PGS Debra S Tiemann Wayne County Recorder IN Recorded as Presented 111111111111111111111111111111111111111111111 it IIII ! I III AMENDED ORDINANCE NO.59-2012 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ALLEY) WHEREAS, North Richmond Partners, LLC 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: 46-33-13o-"1oS.0oo.ag i16.33-13o.7oe.00C.27 4 '6 N�3o-'7a-7.aoa-a9 (a) oi thgate Real Estate LLC (Property located at 725 North 10th Street) 4225 Park Elwood Road Richmond, IN 47374 146•33-130-°7co_000.a1 (b) Vicki A. Stevens 715 North 10t" Street Richmond, IN 47374 ; and WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition on December 3, 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 November 15, 2012, after publishing legal notice thereof at least 10 days in advance of said hearings as required by ordinance; and WHEREAS, The overhead power lines will be replaced with underground lines; WHEREAS, The sanitary sewer will be relocated along the northeast and east perimeter of the property; WHEREAS, The vacation would not hinder the growth and orderly development of the community in which it is located in or contiguous to; since the land does not connect to other public access areas; WHEREAS, The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient; because adjoining properties have frontage on existing streets; WHEREAS, The vacation would not hinder the public's access to a church, school or other DULY ENTERED F R TAXATION 20_J3 public building or place; because the existing adjoining properties are accessible from existing streets; 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 the areas being vacated are not developed for public use or access; 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 alley 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 3rd day of December, 2012, by the Common Council of the City of Richmond, Indiana. President (Philip Matthew Quinn) AT , (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this 4th day of December, 2012, at 9:00 a.m. Jerk (Karen Chasteen, IAMC, MMC) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 4th day of December, 2012, at 9:05 a.m. Mayor (Sarah L. Hutton) AT (Karen Chasteen, IAMC, MMC) Attorney, p Richmond, Indiana. by Walter S. Chidester, City Department of Law, Instrument prepared number in the enalties for perjury, that I have taken reasonable care to redact each Social Security I affmn, under Y,1? n ..an„fired bra law: Walter S. Chidester. VACATION PETITION NO. A PETITION TO VACATE A DEDICATED ALLEY Comes now the owner of the real estate abutting a dedicated alley more particularly described herein and, pursuant to Indiana Code § 36-7-3-12, petition for vacation of said dedicated alley. The dedicated alley to be vacated is outlined in red on attached Exhibit B and is described as follows, to wit: Situated in the Northwest Quarter, Section 33, Township 14 North, Range I West, City of Richmond, Wayne Township, Wayne County, Indiana, being part of S.C. & C Brown Addition, as recorded in Plat Book 1, Page 319, in the Wayne County Recorder's Office, being more particularly described as follows: Beginning at the northeast corner of Lot 7, in said S.C. & C. Brown Addition; thence South (bearings are based upon South H Street being East(West, a assumed bearing) 132.00 feet along the east line of Lot 7, Lot 8, Lot 9, to the southeast corner of Lot 9; thence .East 16.00 feet along the extension of the south line of Lot 9, to the southwest corner of Lot 19; thence North 132.00 feet along the west line of Lot £9, to the northwest corner of Lot 19; thence West 16.00 feet along the south right-of-way of South H Street, to the point of beginning, containing 0,050 acres, more or less, as shown on Drawing No. C-2653, dated 16 October 2012, being subject to all legal easements of record. The undersigned believes the above property should be vacated for the following reasons: (a) The location of the alley would prohibit construction of a new retail store which will benefit local residents. (b) The undersigned believes that the vacation of the alley will not hinder the growth or orderly development of the City. (c) The undersigned believes that the vacation will not hinder the public's access to any Church or public places. (d) Access to the rear of adjacent property will remain open by use of the southern portion of the alley, and an existing East/West alley. (e) The undersigned believes that vacation will not hinder the use or future growth of developed public ways. The owner of land that abuts the dedicated roadway to be vacated is as follows: (a) North Richmond Partners, LLC Wherefore, the undersigned owner requests that the City of Richmond Common Council adopt an ordinance vacating said public place. Before me the undersigned, a Notary Public in and for the k4ojQB. County, State of Indiana, personally appeared 6,r8en f . Moore„ and acknowledged the execution of the foregoing instrument this a/ day of Q°c^4� .20 iZ NotaryPubli c1�.__�'�—�/" My commissionexpires 1-1KAW North Richmond Partners, LLC / By: f¢ Gas C7�t (�yt^ ` 4d� Printed: CJl`BY'� � MOO -e Capacity: EXHIBIT A PAGE I df 2 t e.eG\glq�q�loe•o�• r C Cz O y. � �g O ;0G� On n 8 �, m f� Z o � - 'A � m o cz Z 06nn y6 NORTH 1OTH STREET 66' R/W 5 jut IF—, 111 Ito,,, -1 0. QB B Deani Plat of Vacation rr Beals —Moore i,ll, �^�^- for & Associates, INC. Richmond North - � +aasrtWIo 47,174 "P",992—+023Partners LLC �x n�) 992-5a'a E—Alatl: aurveyaso6ealanwore.can EXHIBITa_PAGE_�1 OF `a RECORDED JAN 07 2013 DEBRA S.TIEMANN, R.W.0