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Home My Public Portal About060-2012 -vacation 2 alleys 0 193 acres south of north h east o2013000133 ORDINANCE $21.00 01/07/2013 11:35:27A 6 PGS Debra S Tiemann Wayne County Recorder- IN Recorded as Presented 1111111111111111111111111111111111l IIIIIIIIIIIIII III 1111111111111 AMENDED ORDINANCE NO. Stl 2012 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ALLEY) WHEREAS, The Richmond Housing Authority has petitioned the Common Council of Richmond, Indiana, requesting that a portion of a public way (two alleys) 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: ;lb_3 3.140-- 519,001,A9 %-33-146-517.061.A j (a) Greater Second Missionary Baptist Church of Richmond Indians (Property located north of North G Street) 1371 North G Street Richmond, IN 47374 q6 33-vio-518.oc)6-al (b) Dousing Authority of the City of Richmond, Indiana (Property located north of North G and east of North 13th Street) 58 South 15th 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; 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 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 HAS ALREADY BEEN LISTED FOR TAXATION AUDITOR OF WAYNE COUNTYr Doted this �r7_ alady of __, which it is located or to which it is contiguous; because the areas being vacated are not developed for public use or access; and WHMWAS, 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 its 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. M d4 ,President (Philip Matthew Quinn) ATTES , (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this 4th day of December, 20I2, at 9:00 a.m. z (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 (Sar L. Hutton) A, (Karen Chasteen, IAMC, MMC) Instrument prepared by Walter S. Chidester, City Attorney, Department of Law, Richmond, Indiana I affum, under the penalties for penury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Waiter S. Chidester. 77'- VACATION PETITION NO. A PETITION TO VACATE TWO DEDICATED ALLEYS Comes now the owner of the real estate abutting a dedicated alleys more particularly described herein and, pursuant to Indiana Code § 36-7-3-12, petition for vacation of said dedicated alleys. The dedicated alleys to be vacated are outlined in red on attached Exhibit B and is described as follows, to wit: A 12 Foot Wide Alley Vacation No.1 0.056 Acres Situated in the Northwest Quarter, Section 33, Township 14 North, Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, being all of a 12 foot wide alley, as shown in Eunice Moffitt Moore Addition, in Plat Book 2, Page 125, in the Wayne County Recorder's Office, being more particularly described as follows: Beginning at the southwest corner of Lot 26, in Eunice Moffitt Moore's Addition, also being on the east line of North 13"' Street; thence North 89'35'02" East (bearings are based upon the east line of North 13th Street as being North 00'00'00" East, an assumed bearing) 116.86 feet along the south line of said Lot 26, also being the north line of said 12 foot wide alley, to the southeast corner of said Lot 26; thence North 00°00'00" East 75.70 feet along the east lines of said Lot 26 and Lot 25, in said addition, also being the west line of said 12 foot wide alley, to the northeast corner of said Lot 25, also being the south line of North H Street; thence North 89'35'02" East 12.00 feet along the south line of North H Street, to the northwest comer of Lot 436 on the Official Map of the City of Richmond; thence South 00°00'00" West 87.70 feet along the west line of O.M. No. 436, also being the east line of said 12 foot wide alley, to the southwest comer of O.M. No. 436, also being on the north line of Lot 1, in D.W. Marmon's 2nd Addition, as recorded in Plat Book 2, Page 117; thence South 89°35'02" West 128.86 feet along said north line, also being the south line of said 12 foot wide alley, to the northwest comer of said Lot 1, also being on the east line of North 131 Street; thence North 00'00'00" East 12.00 feet along said east line, to the point of beginning, containing 0.056 acres, more or less, as shown on Drawing No. B-2651, dated 16 October 2012, being subject to all legal easements of record. A 20 Foot Wide Alley and 10 Foot Wide Alley Vacation No. 2 0.193 Acres Situated in the Northwest Quarter, Section 33, Township 14 North, Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, being all of a 12 foot wide alley, as shown in D.W. Marmons 2nd Addition, Plat Book 2, Page 117 and part of a 10 foot wide alley, as shown in Perry Addition, recorded in Plat Book 2, Page 65, in the Wayne County Recorder's Office, being more particularly described as follows: Beginning at the northwest corner of Lot 22, in said Perry Addition, also being on the south line of North H Street; thence South 00'00'00" West (bearings are based upon the east line of North 130' Street as being South 00°00'00" West, an assumed bearing) 3 t7.22 feet along the west line of Perry Addition, also being the cast line of said 20 foot wide alley, to the southwest corner of said Lot 9, in said Perry Addition; thence North 89°44' 14" East 164.72 feet along the south line of said Lot 9, also being the north line of said 10 foot wide alley, to the southeast comer of Lot 9, also being the west line of vacated North le Street; thence South 00'00'00" West 10.00 feet along the west line of said vacated North 14"' Street, to the northeast comer of Lot 3, in Perry Addition; thence South 89°44' 14" West 193.49 feet along the north line of Lots 3, 2 and 1, in said Perry Addition, and then along the north line of Lot 10, in D.W. Marmon's 2nd Addition, and then along the north line of a 20 foot wide vacated alley as recorded in Plat Book 5, Page 148, to the southeast corner of Lot 6, in said Marmon's Addition; EXHIBIT A Page 1 of A thence North 00'00'00" East 15.00 feet along an east line of said Lot 6, also being the west line of said 20 foot wide alley; thence North 24' 13'27" East 21.39 feet, continuing along an east line of Lot 6, also being the west line of said 20 foot wide alley, to the northeast corner of said Lot 6; thence North 00'00'00" East 292.70 feet along the east line of said Marmon's Addition and then along the east line of Lot 436, in the Official Map of the City of Richmond, to the northeast corner of said Lot 436, also being the south line of North H Street; thence North 89°35'02" East 20.00 feet along said south line, to the point of beginning, containing 0.193 acres, more or less, as shown on Drawing No. B-2651, 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) There has been no interest shown in making the two alleys open for public access for approximately the past 130 years. (b) There is no demonstrated current interest in making the alleys open for the public. (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. The owner of land that abuts the dedicated roadway to be vacated is as follows: (a) The Housing Authority of the City of Richmond- (b) Greater Second Missionary Baptist Church of Richmond, In., Inc. 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 lam-"� County, State of Indiana, personally appeared £ • rAeent,,. and acknowledged the execution of the foregoing instrument this / day of Dee—"4OW 20 k ¢� No ublic My commission expires t-►`{"t(o The Housing Authority of the City of Richmond By: �7Ui o7/t P Printed: 60 ✓'G) 6"� Moo I P Capacity: EXHIBIT A Page 2 of 4 Hogg A�rthrni�ya£Richmond, Inc. 58 South IS'� Street Richmond, IN 47374 Greater Second Missionary Baptist Chwch of Richmond Inc. 1317 North G Street Richmond, W 47374 f7fk418R _PAGE 3, �, FIr mw WIN Y vui HORx 2 F&rri7 _• LO.M.A6 -A Raw 'AUxns• `^ til Getz► � � � � FTJ 31(• j� �O O i. z V N m v °'� A -WO C 2 P,. 65 w f r7 cn WTI 03cK is a r�'+r..�„are•,'' ' `�' � c Q , m Q r cp b• o 0 0® o 0 o G� Qa N -91R9 till Ju t . o- �a sau ao s � Plat ~bf Vacation of Alleys aaa•i� rba-smarm for 'Beals -Moore AasadaW, INC. ,-Wr integral Group, LLG 9' Rrcb (7425) 96 3OW - PF-- RECORDED JAN 0 7 2013 DEBRA S.TIEMANN, R.W.0