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Home My Public Portal About023-1992- VACATING PORTION OF THE RIGHT-OF-WAY LOCATED BETWEENpox PA 11 A YtI'E COU1,11 1 "I RUO DEF ORDINANCE NO, 23-1992 A SPECIAL ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY OF ALLEYS LOCATED BETWEEN NORTHWEST L AND LAIRD STREETS AND THE PENN CENTRAL RAILROAD AND HARRIS STREET WHEREAS Charles Bizzaro, Marilyn Bizzaro and Tana Diane Moore have petitioned the Common Council of the City of Richmond, Indiana, requesting vacation of a portion of a public way in alleys located between Northwest L and Laird Streets and the Penn Central Railroad and Harris Street, all of which alleys were platted as part of Benton Heights Addition to the City of Richmond, and WHEREAS the Common Council, pursuant to T.C. 36-7-3-12, conducted a public hearing on said vacation petition on April 20, 1992, and WHEREAS a public hearing pursuant to R.C. 155.04(B) was conducted by the Richmond City Plan Commission on the 28th day of April, 1992, and WHEREAS the Richmond City Plan Commission voted in favor of recommending passage of the requested vacation, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that subject to the preservation of an easement for existing utilities, the public right-of- way described below is hereby vacated: Beginning at the northwest corner of lot 177 in Benton Heights Addition to the City of Richmond, Indiana; thence west 12 feet to the Penn -Central right-of-way line; thence southeastwardly along said right-of-way line to the northwest corner of lot 189; thence east along the north line of lots 189, 188 and 187 to the northeast corner of lot 187; thence north 12 feet to the southeast corner of lot 180; thence west along the south lines of lots 180, 179, 178 and 177 to the southwest corner of lot 177; thence northwestwardly along the west line of lot 177 to the place of beginning. PASSED AND ADOPTED this 4th day of May, 1992, by the Common Council of the City of Richmond, Indiana. ,President 1 ar . E ATTEST. City Clerk (Howstro) Norma Carnes) BOOK 16 PAGE430 PRESENTED to the Mayor of the City of Richmond, Indiana, this 5th day of May, 1992, at 9:00 a.m.-, City Clerk (1korma Carnes) APPROVED by me, Roger Cornett, Mayor of the Cit c ond, Indiana, this 5th day of May, 1992, at 9:05 a.m. Mayor er Cornett) ATTEST: (1yorma Carnes) City Clerk Nov i q 1992 RECORDED DEBQRAH S. S'MITH R-W.L RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA May 1, 1992 Mr.Jack Elstro, President Members of Common Council and Mrs. Norma Carnes, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance 23-1992 Dear Mr.Elstro, Members of Common Council and Mrs. Carnes: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, April 28,1992 on the petition of Charles and Marilyn Bizzaro, 418 N. W. L Street and Tana Diane Moore, 419 Laird Street, adjoining property owners, requesting the vacation of a 12 foot alley bordering the north ends of Lots 187, 188 and 189 in Benton Heights Addition commonly known as 418 N. W. L Street and also contiguous to the east line of lot 177 Benton Heights Addition commonly known as 419 Laird Street. Plan Commissioner, Charles Bizzaro, being the petitioner in this instance, disqualified himself from the hearing and presented the petition acting as his own agent. Four (4) notices were sent to surrounding property owners. One (1) was returned in oppositon to the petition. One property owner, Lela Linkous, attended the hearing and spoke in opposition to the petition. Planning Staff recommended approval of the request siting that vacating the two alleys does not deny adjacent property owners access to their property. The alleys to be vacated are largely unimproved, over grown with weeds and trees and have been a source of weed complaints to the City for many years. When Mr. Bizzaro parks his vehicle in the alley -way, the alley -way is effectively blocked for its entire length. The ten (1 0) voting members of the Plan Commission voted unanimously to recommend approval to Common Council. Respectfully submitted, Robert B. Goodwin, Executive Secretary Richmond Advisory Plan Commission. VACATION PETITION NO. 2-1992 A PETITION TO VACATE TWO ALLEYS IN BENTON HEIGHTS ADDITION TO THE CITY OF RICHMOND Come now the petitioners, Charles and Marilyn Bizzaro, 418 Northwest L Street, Richmond, Indiana, owners of Lots 187, 188, and 189 in Benton Heights Addition to the City of Richmond, Indiana, except 40 feet in width off of the entire south end of said lots used to widen Northwest L Street, and request the vacation of a 12 foot alley contiguous to the north ends of said lots and more particularly identified on attached Exhibit A with diagonal lines. Comes also the petitioner, Tana Diane Moore, 419 Laird Street, Richmond, Indiana, owner of lot 177 in Benton Heights Addition to the City of Richmond, Indiana, and requests the vacation of a 12 foot alley contiguous to the west line of said lot and more particularly identified on attached Exhibit A with crossed diagonal lines. . This petitioner is filed pursuant to Indiana Code 36-7-3-12 and Common Council of the City of Richmond is requested to conduct a public hearing on this petition within 30 days of the filing hereof and initiate a vacation ordinance to effectuate the purpose of this petition, the public ways being more particularly described as follows: Beginning at the northwest comer of lot 177 in Benton Heights Addition to the City of Richmond, Indiana; thence west 12 feet to the Penn -Central right-of-way line; thence southeastwardly along said right-of-way Iine to the northwest corner of lot 189; thence east along the north line of lots 189, 188 and 187 to the northeast corner of lot 187; thence north 12 feet to the southeast comer of lot 180; thence west along the south lines of lots 180, 179, 178 and 177 to the southwest comer of lot 177; thence northwestwardly along the west line of lot 177 to the place of beginning. Petitioners represent that the owners of the other lots contiguous to said alleys are as follows: Lot 178 - Jack L. and Delcie Cauble 7254 West U.S. 40 Centerville, IN 47330 Lot 179 - Lela M. Linkous 30 North 28th Street Richmond, IN 47374 Lot 180 - Betty L. Edwards 413 Laird Street Richmond, IN 47374 50 ft. strip - Penn Central Railroad 1 East Fourth Street Cincinnati, OH 45202 WHEREFORE, petitioners request that said alleys be vacated subject to the preservation of existing utility easements for GTE North, Richmond Power & Light and the Richmond Sanitary District. (Charles Bizzaro) (Marilyn Bizzaro) (Tana Diane Moore) Subscribed and sworn to before me, a Notary Public residing in Wayne County, State of Indiana, this day of 1992. My Commission Expires: ) Notary Public Resident of Wayne County, Indiana March 5,1992 Mr. Robert Threlkeld Conrail Realestate Department 31 East Georgia Street Indianapolis In. 46204 Dear Sir: As per our telephone conversation on March 3,1992, enclosed is a copy of a platted survey dated January 31.1992, describing mots boarding the alley that is being petetioned for vacation to the City of Richmond Indiana. As indicated on the platted surveys the portion of the alley running North and South borders Penn Central's fifty -foot (501) right--of-way. The alley inquestion is no longer being used by the City of Richmond for the purpose that was originally intended. I am requesting and would appreciate: Penn Central's consent in writing on the purposed vacation of this ally. If you require any additional informations please do not hesitate to contact me. Thank you. Best Regards Charles A. Bizzaro 418 N.W.L. Street Richmond., IN. 47374 P.B. Please return copy of platted survey'with your response � Or "l-cl /,/ 414R 7 wa►�ary �99� Rat otis R DISPOSITION OF ORDINANCE NO. Z1 -199 RESOLUTION NO. -199r by Common Council Ordinance No.11� Resolution No. ! Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton D ate 5� Susp. rules Ist read Title only Proof of Publicaton Seconded Move to 2nd read --------------- Seconded Engrossment Seconded ✓ Susp rules 3rd read Seconded Passage Rejection Date Passed . Z-- COMMITTEE ASSIMME TS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: m EXHIBIT"A LAIRD STRIEET d 0 �t .tl Z 38.1' 35' .36' 177 , 178 1*79 c i 19,5'1 35' 1 35' 31 Irl // r4 E Ls4- J38.93' /�! V .54' 42' ! 37' a � t � . °� o p004 4 a N a 195 188 � 187 b ti .. c 1 Was4 ( 1z8.93' NORTHWEST 12a' 0 18z h ) 84 i 0 F q 18s o ...L" STR E ET W DC F'~ P 1 a-+ o-` Sur -Vey N 13eirr3 Lo-ts Nurm tiered 187, 188 zrrd 189 ri-r 73 e n 4a h N e iS h 4 s Add ; -1- i Orr 4-o 4- 6 e C i 4' Y Ric-hmctTd, =redia.na. . Encep4- 40 .f'ae+ in wid*h o4T o-" +he er=+irE sou4h errd 04' sai d Lo+s Norn bared 1870 188 erred 189 used -F'or +he, widen;rrl o4' Nor4-hwes4 "L" S4-ree+ r4 E Ls4- J38.93' /�! V .54' 42' ! 37' a � t � . °� o p004 4 a N a 195 188 � 187 b ti .. c 1 Was4 ( 1z8.93' NORTHWEST 12a' 0 18z h ) 84 i 0 F q 18s o ...L" STR E ET W DC F'~ P 1 a-+ o-` Sur -Vey N 13eirr3 Lo-ts Nurm tiered 187, 188 zrrd 189 ri-r 73 e n 4a h N e iS h 4 s Add ; -1- i Orr 4-o 4- 6 e C i 4' Y Ric-hmctTd, =redia.na. . Encep4- 40 .f'ae+ in wid*h o4T o-" +he er=+irE sou4h errd 04' sai d Lo+s Norn bared 1870 188 erred 189 used -F'or +he, widen;rrl o4' Nor4-hwes4 "L" S4-ree+ ...L" STR E ET W DC F'~ P 1 a-+ o-` Sur -Vey N 13eirr3 Lo-ts Nurm tiered 187, 188 zrrd 189 ri-r 73 e n 4a h N e iS h 4 s Add ; -1- i Orr 4-o 4- 6 e C i 4' Y Ric-hmctTd, =redia.na. . Encep4- 40 .f'ae+ in wid*h o4T o-" +he er=+irE sou4h errd 04' sai d Lo+s Norn bared 1870 188 erred 189 used -F'or +he, widen;rrl o4' Nor4-hwes4 "L" S4-ree+ a LAIRD L STREET 38, P � 35' 35' •,� 177 , 178 1'79 184 _ a o 4 I � Eas,F 138,93' � V 3�' 42" d z �, 189 o I88 0 187, ro M� F Wes4 f /28.913' } 5D l I I I NORTHWEST I Z o' � r 181 0 18 Z, 183 184 0 0 C 18 , oaf /Zo' 1,11 L, L STRF,ET u3 DC (n .--- .6d --- - w P l a.+ o-P Survey N BBir►� L4+s Nu.rr bered /87, 188 zrrd 189 1 rr B e rr 4o r7 14 a is h 4 s Add ; 4-; o rr 4-o 4. h e C i -F Y a�" T�ic1-rr+�orrd, =rrdimrra.. E-ncep4- 40 -fee+ in wid*3-r orb V c4' +ke ert+;,ra sou+h errd c-* said 1 ,o+s Nurr1bered J87, 188 and 189 Used -r-or +he w;derrirr-1 off` Nor4hweS4 " L " S+ree+. /b 1992 To Whom It May Concern: This is to confirm that Richmond Power and Light, is not occupying or using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alleys described below: All of the 12 foot alley running South from Laird Street, being bordered on the west by Penn -Central Railroad, on the east side by lot 177 of the Benton Heights Addition and adjoining a second alley requested to be vacated running east and west being bordered on the west by Penn -Central Railroad on the south by lots 189, 188 and 187 of the Benton Heights Addition, on the North by lots 177, 178, 179 and 180 of the Benton Heights Addition and on the east by an alley running North and South from Northwest L Street to Laird Street, in the City of Richmond, Indiana. Title 1992 To Whom It May Concern: This is to confirm that Indiana American Water Co., is not occupying or using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alleys described below: All of the 12 foot alley running South from Laird Street, being bordered on the west by Penn -Central Railroad, on the east side by lot 177 of the Benton Heights Addition and adjoining a second alley requested to be vacated running east and west being bordered on the west by Penn -Central Railroad on the south by lots 189, 188 and 187 of the Benton Heights Addition, on the North by lots 177, 178, 179 and 180 of the Benton Heights Addition and on the east by an alley running North and South from Northwest L Street to Laird Street, in the City of Richmond, Indiana. 1992 To Whom It May Concern: This is to confirm that GTE North, is not occupying or using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alleys described below: An- i itle All of the 12 foot alley running South from Laird Street, being bordered on the west by Penn -Central Railroad, on the east side by lot 177 of the Benton Heights Addition and adjoining a second alley requested to be vacated running east and west being bordered on the west by Penn -Central Railroad on the south by lots 189, 188 and 187 of the Benton Heights Addition, on the North by lots 177, 178, 179 and 180 of the Benton Heights Addition and on the east by an alley running North and South from Northwest L Street to Laird Street, in the City of Richmond, Indiana. / g 1992 To Whom It May Concern: This is to confirm that Indiana Gas Company, Inc., is not occupying or using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alleys described below: All of the 12 foot alley running South from Laird Street, being bordered on the west by Penn -Central Railroad, on the east side by lot 177 of the Benton Heights Addition and adjoining a second alley requested to be vacated running east and west being bordered on the west by Penn -Central Railroad on the south by lots 189, 188 and 187 of the Benton Heights Addition, on the North by lots 177, 178, 179 and 180 of the Benton Heights Addition and on the east by an alley running North and South from Northwest L Street to Laird Street, in the City of Richmond, Indiana. By: Title 1992 To Whom It May Concern: This is to confirm that Richmond Sanitary District, is not occupying or using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alleys described below: All of the 12 foot alley running South from Laird Street, being bordered on the west by Penn -Central Railroad, on the east side by lot 177 of the Benton Heights Addition and adjoining a second alley requested to be vacated running east and west being bordered on the west by Penn -Central Railroad on the south by lots 189, 188 and 187 of the Benton Heights Addition, on the North by lots 177, 178, 179 and 180 of the Benton Heights Addition and on the east by an alley running North and South from Northwest L Street to Laird Street, in the City of Richmond, Indiana. Title A)<_5)Od OL- e Q' sl -- P_ (/ r S,p. bo �-e pa4 p,,p 6x- a.1 �o 0 L'a --� L'J -,e- L"'J' 6 olcf tga:> eF S -e )-� e..�/� ; t