HomeMy Public PortalAbout011-2013 - Vacation - vacating a utility easement - BP Gas2013002394 ORDINANCE $17.00
03/20/2013 10:06:33A 4 PGS
Debra S Tiemann
Wayne County Recorder IN
Recorded as Presented
III111 II IIIIf 111 II III I I III II II IIIIII II! IIII
AMENDED ORDINANCE NO.11-2013
A SPECIAL ORDINANCE VACATING A UTILITY EASEMENT
WHEREAS, R133, LLC by their agent, Gordon Moore of Beals -Moore & Associates, Inc., has
petitioned the Common Council of Richmond, Indiana, requesting a portion of a platted,
but unused, utility easement at 3767 East Main Street. A copy of a map and legal
description snowing the area containing the easement to be vacated is attached hereto as
"Exhibit A"; and
WHEREAS, the only abutting landowners are as follows:
(a) RB 3, LLC, 42 South 9t' Street, Richmond Indiana, 47347 (physical
address 3767 East Main Street, Richmond, Indiana, 47374);
(b) Wexford Enterprises, LLC, 803 Commonwealth Drive, Warrendale, PA,
15086 (physical address: 3771 National Road East, Richmond, Indiana,
47374);
(c) Richmond Village, LLC, 21825 Thimbleberry Ct, Corona, CA, 92883
(physical address: 3726 National Road East, Richmond, Indiana, 47374);
(d) Kohl's Indiana, LP, P.O. Box 2148, Milwaukee, WI, 53201 (physical
address: 3722 National Road East, Richmond, Indiana, 47374); and
WHEREAS, Common Council, pursuant to Indiana Code § 36-7-3-12 and § 36-7-3-16, conducted a
public hearing on said petition March 18, 2013, after publishing legal notice thereof at
least ten (10) days in advance of said hearing as required by statute; and
WHEREAS, the Richmond Advisory Plan Commission, conducted a public hearing on said petition
March 14, 2013, after publishing legal notice thereof at least ten (10) days in advance of
said hearing as required by ordinance; and
WHEREAS, it is desirable to vacate said utility easement.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that the utility easement on the real estate described in attached Exhibit A is hereby vacated and that
ownership of such land shall vest in the abutting property owner.
=i b-35•3bo -! o5.030-:2
ENTL1�F_® ON AUDITOR'S
Records This -AO
ownership of such land shall vest in the abutting property owner.
Passed and adopted this /8 day of�L 2013, by the Common Council of the City of
Richmond, Indiana.
President
ATT ST: /
(Karen Chasteen, IAMC, MMC}
PRESENTED to the Mayor of the City of Richmond, Indiana, this day o C.!`, 2013, at
9:00 a.m.
(Karen Chasteen, IAMC, MMC)
APPROVED by me, Sarah L: Hutton, Mayor of the City of Richmond, Indiana, this day of
2013, at 9:05 a.m.
ILG��I� Mayor
arah L. Hutton)
ATT ST:
(Karen Chasteen, IAMC, MMC}
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security
number in this document, unless required by law: Kimberly A. Vessels
LAND DESCRIPTION
For Vacation of Sanitary Sewer Easement
Situated in the Southwest Quarter, Section 35, Township 14 Noah, Range! West, City of Richmond,
Wayne Township, Wayne County, Indiana, being part of a 0.78E acre tract as described in Instrument
20I2005311, as recorded in.the Wayne County Recorder's Office, being a vacation of a portion of a
Sanitary Sewer Easement, as described in Deed Record Book 302, Page 446, and being more particularly
described as follows:
Commencing at a -railroad spike at the southeast corner of said Quarter;
thence North.89"47'00" West 1444.85 feet -along the south line of said Quarter;
thence North 00°04'24" East 806.58 feet, to a point on the south right-of-way of U.S. Highway 40;
thence South 87°44'23" West 70.49 feet along said right-of-way;
thence North 88°52'51" West 261.32 feet along said right-of-way;
thence South 88'29' 14" West 133.07 feet along said right-of-way, to the POINT OF BEGINNING for the
easement being vacated as herein described;
thence South-00'04'24" West 162,18 feet along the east line of the. Sanitary Sewer Easement, as described
in.Deed Record Book 302, Page 446, to the sotith line of the 0.781 acre tract;
thence North 89°55'36" West 25.00 feet along the south line of said 0.781 acre tract;
thence North 00°04'24"East 161.49 feet along the west line of said Sanitary Sewer Easement, to the south
right-of-way of U.S. Highway 40;
thence North 88*29' 14" East 25.00 feet along said right-of-way, to the POINT OF BEGINN N G. and being
the end of the Sanitary Sewer Easement being vacated, as shown on Drawing No. D-2699, dated 17
January 2013.
This is to certify that the above description and the plat were prepared this .13 day of January 2013, from a
recent survey; and are true and correct to the best of my knowledge and belief.
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.BEATS-MOORE & ASSOC TESI INC.
Gordon E..Moore /
L.S.20400025
State of Indiana
WO 201.2-206vac
Disclaimer: Alterations of any part of this legal description will render it non-
compliant with Indiana Administrative Code Title 865 IAC 1-1.:2_
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