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Home My Public Portal About034-1995 - COUNTY RECORDER - VACATION - NORTHWEST 4TH BETWEEN N1995005362 95JUN-6 PM 4: 12 ORDINANCE 3W.1 5C0U!N1l 1 RECORDER I A SPECIAL ORDINANCE VACATING NORTHWEST 4TH STREET BETWEEN NORTHWEST E STREET AND THE RAILROAD RIGHT-OF-WAY TO THE NORTH AND THE UNIMPROVED PORTION OF SOUTHWEST 19TH STREET FROM SOUTHWEST A STREET SOUTH TO THE IMPROVED PORTION OF SOUTHWEST 19TH STREET y& - 3 a-310 - 301. 0 d 0- a y 4(,,3,2-310-ada. 060 -62'e Whereas A.G. Luken Drug Co., Grafcor, Inc., and Crane Rentals, Inc. have petitioned Common Council of Richmond, Indiana, requesting the vacation of Northwest 4th Street between Northwest E Street and the Railroad right-of-way to the north, the same being Vacation Petition No. 5-1995, and Whereas Mary Michaels, Rodney Michaels, Jerri Michaels, Portia Warren, James Billy Smith, Betty R. Smith, and Bowlings Child Care Service, Inc. have petitioned Common Council of Richmond, Indiana, requesting the vacation of the unimproved portion of Southwest 19th Street from Southwest A Street south to the improved portion of Southwest 19th Street, the same being Vacation Petition No. 6-1995, and Whereas the owners of all land abutting the above described public ways have joined in said petitions requesting vacation, and Whereas said Council, pursuant to Indiana Code 36-7-3-12, conducted public hearings on each of said petitions June 5, 1995, after publishing legal notice thereof at least 10 days in advance of said hearings as required by Statute, and Whereas the Richmond Advisory Plan Commission, pursuant to Richmond Code 155.04(b), conducted public hearings on each of said petitions May 23, 1995, 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 both of said public ways, 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 ways described below are hereby vacated and the abutting property owners shall acquire ownership of the land heretofore dedicated as public ways as indicated below, to wit: l . Northwest 4th Street between Northwest E Street and the railroad right-of-way to the north; (a) A.G. Luken Drug Co., owner, and Grafcor, Inc., contract purchaser, acquiring a strip 25 feet wide abutting the east side of Auditor's Map No. 46-32-310-301.000-29 in the City of Richmond, Wayne County, Indiana, and (b) Crane Rentals, Inc., owner, acquiring a strip 25 feet wide abutting the west side of Auditor's Map No. 46-32-310-202.000-29 in the City of Richmond, Wayne County, Indiana. 2. Southwest 19th Street from Southwest A Street south to the improved portion of Southwest 19th Street; (a) Mary Michaels, Rodney Michaels, Jerri Michaels and Portia Warren as tenants -in - common acquiring a strip 25 feet wide abutting the west side of Auditor's Map No. 49-01-220-302.000-29 in the City of Richmond, Wayne County, Indiana. (b) Bowling's Child Care Service, Inc. acquiring a strip 25 feet wide abutting the east side of Auditor's Map No. 49-01-220-202.020-29 in the City of Richmond, Wayne County, Indiana. (c) James Billy Smith and Betty R. Smith as tenants -by -the -entireties acquiring a strip 25 feet wide abutting the east side of Auditor's Map No. 49-01-220-201.000-29 in the City of Richmond, Wayne County, Indiana. Passed and adopted this 5th day of June, 1995, by the Common Council of e City of Richmond, Indiana. , esident (Sa L. utton) ATTESaa—'-X""j—,City Clerk (Norma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this 6th day of June, 1995, at 9:00 a.m. ,City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this 6th day of June, 1995, at 9:05 a.m. ,Mayor (After Cornett) ATTES City Clerk (Norma Carries) �� (] ..y....... DAY a�.... •\i Duly enterers for taxation this s day of y WAYNE COUNTY JU N �`;1995 � a A� � . RECORDED AL DILLON D.W.C. y VACATION PETITION NO. 6-1995 A Petition To Vacate The Unimproved Portion Of Southwest 19th Street From Southwest A Street South To The Improved Portion Of Said Street Come now the owners of all the real estate abutting the unimproved portion of Southwest 19th Street, to -wit: beginning at a point in the south edge of Southwest A Street 320 feet west of the west edge of Southwest 18th Street; thence south 216 feet to the improved portion of Southwest 19th Street; thence west 50 feet; thence north 201 feet to the south edge of Southwest A Street, which street is 45 feet in width at said point; thence in a northeasterly direction 50 feet, more or less, to the point of beginning where said Southwest A Street is only 30 feet in width, in the City of Richmond, Indiana, pursuant to Indiana Code 36-7-3- 12, and petition for vacation of said unimproved street, all of which public way to be vacated lies within the corporate boundaries of said municipality. . The undersigned owners further represent that: (1) the improved portion of Southwest 19th Street was constructed over 40 years ago when Westview Hills and Dales Addition was developed; (2) that no additional residential development has taken place along Southwest 19th Street for over 40 years; (3) that the owners and operators of a child care facility accommodating 97 children located along the east edge of said unimproved street wish to expand the fenced playground as a result of the purchase of additional land along the west edge of said unimproved street; (4) the only residential lot abutting said unimproved street fronts on Southwest A Street, and (5) the street is not necessary to provide pedestrian and vehicular traffic flow because the improved portion of Southwest 19th Street is adequately served by Southwest C Street. The undersigned owners hereby waive notice of the filing of this petition from the Clerk of Richmond Common Council as required by Indiana Code 36-7-3-12 (c) because they are all of the owners of land that abuts the property proposed to be vacated. Wherefore the undersigned owners request Richmond Common Council to adopt an ordinance vacating the unimproved portion of Southwest 19th Street immediately south of Southwest A Street and designated on attached Exhibit A by diagonal lines, subject to the rights of any utility easements existing in said public way. Executed this / !?71 day of May, 1995. Owners of Auditor's Map No. 49-01-220-302.000-29, outlined in blue on attached Exhibit A; as tenants -in -common: Mary Michaels) (Rodne9v Michaels) (Jerrie Michaels) AfL", La"', (Portia Warren) Owner of Auditor's Map. No. 49-01-220-202.020-29 outlined in red on attached Exhibit A: Bowlings Child Care Service, Inc. By President (Portia Warren) a d , on ra t Purchaser per instrument (Jerri L n Michaels) number 1994009403 recorded July 26, 1994, in the Wayne County, Indiana, Recorder's Office Owner of Auditor's Map No. 49-01-220-201.000-29 outlined in yellow on attached Exhibit A, as tenants -by -the -entireties: (James Billy Smith) (Betty k Smith) Vacation Petition No. 5-1995 A Petition To Vacate Northwest 4th Street Between Northwest E Street And The Railroad Right -of -Way To The North Come now the undersigned owners of all the real estate abutting Northwest 4th Street between Northwest E Street and the railroad right-of-way to the north in the City of Richmond, Indiana, pursuant to Indiana Code 36-7-3-12, and petition for vacation of Northwest 4th Street between Northwest E Street and the railroad right-of-way to the north in the City of Richmond, Indiana, all of which public way to be vacated lies within the corporate boundaries of said municipality. The undersigned further represent that: { 1 } the street has never been improved, is a dead-end public right-of-way and is not necessary to provide pedestrian and vehicular traffic flow from Northwest E Street to the north because of the existence of the railroad track and the absence of a grade crossing; (2) the abutting property owner to the east has used its one-half of the right-of-way as a part of its premises for storage and parking, and ( 3) the abutting property owner to the west desires to expand its production and storage facilities and will utilize its one-half of the vacated public way for an economic development project valuable to the City and its residents. The undersigned owners hereby waive notice of the filing of this petition from the Clerk of Richmond Common Council as required by Indiana Code 36-7-3-12 (c) because they are all of the owners of land that abuts the property proposed to be vacated. Wherefore the undersigned owners request Richmond Common Council to adopt an ordinance vacating Northwest 4th Street between Northwest E Street and the railroad right-of-way to the north subject to the rights of any utility easements existing in said public way. Executed this —Zo day of May, 1995. A. G. Luken Drug Co., owner of Auditor's Map No. 46-32-310- 301.000-29 (Blue outline on Attached Exhibit A) By ( wuQ H. R, Office Please Print Name and Grafcor, Inc., contract purchaser from A. G. Luken Drug Co. of Auditor's Map No. 46-32-310-301.000-29 Byoz_ oe _J�LL .- , , 'etll'° (Paul R. Mol eaux) V Office caner\fAlor's Map No. fi-3 31 ou ine he hibit A} ane n onald . Ob le) f f c e E cuted this day of May, 1995. .00LG. uk Do., wne o A dit is 34 ugou ne on tttichd xh t A) By P ase rin Na e \ an ra or, Inc., con ac pu cha er om A. A d i is Ma N 6- -31 -3 .00 -29 y (Pa I R. oiy a ) rud, Cb. Owner of Auditor's Map No. 46-32-310-202.000-29 (yellow outline on attached Exhibit A) Crane Rentals, Inc. By ��JiG-�-� li•" (Ronald L. Oberle) Office