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HomeMy Public PortalAbout085-1995 - VACATION - SOUTH J STREET BETWEEN SOUTH 21ST AND THE19953 f 1693 95NOV .14 AM 10: 12 WAYNE COUNTY RECORDER " ORDINANCE 55-1995 A SPECIAL ORDINANCE VACATING SOUTH "J" STREET BETWEEN SOUTH 21ST STREET AND THE EAST LINE OF MORNINGSIDE THIRD SUB- DIVISION Whereas Michael A. Marsio and Nava K. Marsio, husband and wife, and Garry A. Lett and Diana Lynn Lett, husband and wife, have petitioned Common Council of Richmond, Indiana, requesting the vacation of South J Street between South 21st Street on the west and the east line of Morningside Third Sub -division on the east, the same being Vacation Petition No. 7-1995, and Whereas the two of the four owners of all land abutting the above described public way have joined in said petition requesting vacation, and Whereas the abutting land owners who did not join in said petition have been notified by the City Clerk as required by statute, and Whereas said Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition November 6, 1995, 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 October 24, 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 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: South J Street between South 21st Street on the west and the east line of Morningside Third Sub -division on the east in the City of Richmond, Indiana, Michael A. Marsio and Nava K. Marsio, as tenants -by -the -entireties, acquiring a strip equal to one-half of the width of said vacated street abutting the north side of Auditor's Map No. 50-04-440- 113.000-29, and Garry A. Lett and Diana Lynn Lett, as tenants -by -the -entireties, acquiring a strip equal to one-half of the width of said vacated street abutting the south side of Auditor's Map No. 50-04-440-114.000-29. Passed and adopted this 6th day of November, 1995, by the Common Council of the City of Richmond, Indiana. 5Lh' ,President (Sarah L. Hutton J1 ATTES k ,City Clerk (Norma Carnes PRESENTED to the Mayor of the Cityof Richmond India na, this �day of November, 1995, at 9:00 a.m. , City Clerk (Norma Carnes) APPROVED by me, Roger Cornett, Mayor of the City of Richmond, Indiana, this _ L day of November, 1995, at 9:05 a.m. 90�" Mayor (Rbjer Cornett) AT'JES , City Clerk (Norma Carnes) Duly entered for taxation di is i q day of II 99�=i- /C I�JAYNE CWNTY RECORDED NOV 14 1995 AL DILLON, R.1NC 10 : la � rn 199501 1693 95NOV 14 AM10- 12 CITY OF RICHMOND' 10UN j k RECORDER DEPARTMENT OF LAW 50 North 5th Street Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317) 966-2255 November 3, 1995 Common Council Richmond, Indiana 47374 RE: Ordinance No. 85-1995 Dear Council Member: ROGER CORNETT Mayor THOMAS S. MILLIGAN City Attorney This ordinance responds to the request for vacation of a public way set forth in Vacation Petition 7-1995, appearing on your agenda for public hearing at Item 6. Two of the abutting property owners have signed the vacation petition. The third abutting property owner objects to the vacation and has submitted a letter dated October 5, 1995, to Norma Carnes in response to notice of this matter being considered. The Advisory Plan Commission conducted a hearing on this request at its October 24th meeting and its favorable recommendation has been fiunished to you in this packet. Greg Horn will appear at your meeting on behalf of the petitioners. This ordinance can be adopted in a single meeting on motions to suspend the rules. Sincerely, -7��2,) Thomas S. Milligan City Attorney Enclosure TSM/mad DISPOSITION OF ORDINANCE NO. 95--19'9�y' RESOLUTION NO. -1$ by Common Council Ordinance No.g' Resolution No. Elstro Lundy Brookban Donat McBrl a Parke Allen Oickmar Hutton Date Susp. rules Ist read Title only ----- -------- ----- ---- ------ � ---- ----- ----- ---- ---- --------- S66ded Proof of Publicaton Seconded -------- ----- ---- ---- ---- -------- Move to 2nd read Seconded------ -------- ----- ----- ---- ----- --------- Engrossment Seconded ---- ------ --------- ------ ----- ---- ----- --------- Susp rules 3rd read1/ Seconded - -------- ----- ---- ---- ---- --------- Passage ------- ---O R- ----- -------- --------- ------ ----- ----- ------ --------- Rejection Date Passed 1 /— . 6 - F ,-3- COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: