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Home My Public Portal About034-1991 - VACATION - 912 AND 914 MENDLESON DRIVE ALONG THE NOR1p r-� 01 1 14 7 a 1 N'0 G P 11 3: 10 Booii 6PAGE33 4'41ANE CUi IT'i RLCORDER ORDINANCE NO. 34-1991 AN ORDINANCE VACATING A CERTAIN UTILITY EASEMENT LOCATED AT 912 AND 914 MENDLESON DRIVE ALONG THE NORTH LINE OF LOTS 4 AND 5 IN THE HIGHLAND VIEW ADDITION. WHEREAS, Charles and Shelia Focht and Raymond and Minnie McDaniel, have petitioned the Common Council of the City of Richmond, Indiana requesting to vacate the utility easement located along the north line of Lots 4 and 5 in the Highland View Addition; and, WHEREAS, the Common Council, pursuant to the provisions of I.C. 36-7-3- 12, conducted a public hearing on said vacation petition on — 1991; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission on the day of 51991, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was-7to in favor ofh recommending passage of Ordinance No. 34-1991. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That the utility easement described below is hereby vacated. Being all of the five (5) foot utility easement strip beginning at the northeast corner of Lot Numbered 4 in the Highland View Subdivision of a tract of land located in the Northeast Quarter of Section Twenty (20), Township Fourteen (14), Range One (1) West in City of the City of Richmond, Indiana and running 200 feet westernly along the north line of said Lot 4 and along the north line of Lot Numbered 5 in the Highland View Subdivision to the northwest corner of said Lot Numbered 5. SECTION 2. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. PASSED AND ADOPTED THIS day of�1991, by the Common Council of the City of Richmond, Indiana. ATTEST: ate,,., 4a,y Cit�Merchanthouse -,Zeal, 4'� President of Common Council Sarah L. Hutton I� 16PAGE 3 8. Ordinance No. 34-1991 Page 2 PRESENTED to the Mayor of the City of Richmond, Indiana, this -day of au 1991. City CI rk , ary Merchanthouse APPROVED by me Frank H. Walterman Mayor of the City of Richmond, Indiana, this�day of�,1991. rank H. Waltermann, Mayor STATE INDIMA ATTEST:r2� COUNIYOF erk f ry Merchanthouse Before me the undersigned, a Notary Public in and for Wayne County, State of Indiana, personally appeared Sarah L. Hutton, Mary Merchanthouse and Frank H. Waltermann and acknowledged -the execution of the foregoing instrumentAftl 9th da if August, 1991, G Carol E. Brady, Not Public Residing in Wayne County, Ind' MY Cp;T�na"SSion Expires: 2/22/92 This Instrument prepared by Bruce Metzger, Attorney at Law. a,q N OV 2 6 1991 RECORDED __._._.______.. _.._...._DEBORAH S. SMITH R.W.(, a', )d �� 'G�at�a�dsou� Imo. e�e�opuu�ev�t, Lo. P. O. Box 10519 Fargo, ND 58106 PHONE: (701) 235-1167 FAX: (701) 235-1262 JUNE 5, 1991 MR. Daniel S. Dooley Executive Secretary Richmond Advisory Plan Commission City Hall Richmond, IND. 47374 Dear Mr. Dooley It is with great pleasure that I submit the enclosed petition to the City of Richmond, Indiana. We have enclosed two checks for the petition enclosed and also for the petition that will be filed by Leta Jenkins on Friday. I look forward to the future meetings. Sincerely, Larry c. Madson Field Director Tharaldson Development BEFORE THE COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION ) CHARLES W. FOCHT AND ) SHEILA G. FOCHT AND ) RAYMOND E. MCDANIEL ) FOR THE VACATION OF CERTAIN ) PLATTED UTILITY EASEMENTS ) PETITION FOR THE VACATION OF CERTAIN PLATTED UTILITY EASEMENTS The Petitioners,Charles W. Focht and Sheila G. Focht, 912 Mendleson Drive in the City of Richmond, Indiana, and Raymond E. McDaniel, 914 Mendlesun Drive in the City of Richmond, Indiana, pursuant to the provisions of I.C. 36-7-3-- 12, and I.C. 36-7-3-16, petition the Common Council of the said City of Richmond, Indiana, as follows: (1) Petitioner seek to effect the vacation of the platted utility easement described as follows: Being all of the Five (5) foot utility easement strip beginning at the Northeast corner of Lot Numbered 4 in the Highland View Sub -division of a tract of land in the Northeast quarter of section twenty (20), Township Fourteen (14) North, Range One (1) West in Wayne Township, Wayne County Indiana, and running 200.00 feet Westernly along the South Side of the Northern property line to the Northwest corner of Lot Numbered 5 in the Highland View sub- division of a tract of land in the Northeast quarter of section Twenty (20), Township Fourteen (14) North, Range One (1) West in Wayne Township, Wayne County Tndian. (2) The Petitioners is the owners of certain real estate more particularly described as follows: Lots Numbered 4 and 5 in the Highland Viet) Sub -division section twenty (20), to the City of Richmond, Wayne County, Indian (3) The Petitioners own all land abutting the proposed easement to be vacated. There are no other property owners who have an interest in the proposed vacation. (4) A list of those utility companies who have been contacted to ascertain the effect of the proposed vacation upon the existing utilities is set forth in the attached "Exhibit A" which is made a part hereof, and incorporated herein. - 2 - (5) The Petitioners agree that such vacation as is herein sought shall be subject to and conditioned upon the preservation and/or adjustment and relocation of any such presently existing utility easements. (6) The Petitioners is represented herein by its agent, Tharaldson Development Co.,P.O.Box 10519,Fargo,N.D. 58106; telephone 701-235-1167. WHEREFORE, the Petitioners, Charles W. Focht, Sheila G. Focht, and Raymond E. McDaniel respectfully request that a public hearing be conducted on their petition for the vacation of the above described public ways in accordance with the provisions of I.C. 36-7-3-12 and I.C. 5-3-11 et seq. Respectfully submitted, CHARLES W. FOCHT SHEILA G. FOCHT RAYMOND E. MCDANIEL By THARALDSON DEVELOPMENT CO. Bye,/%/J'�d� (L,a&-ry C. Madson) Agent for Petitioners P.O.Box 10519 Fargo, ND 58106 Telephone:701-235-1167 EXHIBIT A LIST OF UTILITIES 1. GTE North Incorporated 2. Indiana Gas Corporation 3. Richmond Power & Light 4. Indiana -American Water Company 5. Richmond Sanitary District 6. TCI of Indiana, Inc. +19172-IegO„IegO$ NOTICE OF PUBLIC HEARING [ ON PETITION TO VACATE AN ALLEY[ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on August 5, 1991 at 7:30 P.M. in the Council Chambers of the Richmond Municipal Building, located at 50 North 5th Street, on the Petition requesting the vacation of A CERTAIN UTILITY EASEMENT LOCATED AT 912 AND 914 MENDLESON DRIVE ALONG THE NORTH LINE OF LOTS 4 AND 5 IN THE HIGHLAND VIEW ADDITION.[ That the utility easement described below is hereby vacated[ Being all of the five (5) foot utility easement strip beginning at the northeast corner of Lot Numbered 4 in the Highland View Subdivision of a tract of land located in the Northeast Quarter of Section Twenty (20), Township Fourteen (14), Range One (1) West in City of the City of Richmond, Indiana and running 200 feet westerly along the north line of said Lot 4 and along the north line of Lot Numbered 5 in the Highland View Subdivision to the northwest corner of said Lot Numbered 5. [ All parties interested in or affected by this petition may attend this public hearing to speak in favor of or in opposition to said request.[ Mary Merchanthouse[ City Clerk[ Publish Date: July 8, 1991[== INTER -OFFICE MEMO DATE: June 28, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 34-1991 COPY TO: Petitioner: Charles and Shelia Focht and Raymond and Minnie McDaniel, owners; Tharaldson Development Co., agent. Request: to vacate a 5' utility easement to enable the construction of a Comfort Inn Motel. Location: on property located at 912 and 914 Mendleson Drive and running along the north line of Lots 4 and 5 in the Highland View Subdivision. RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA August 2, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 34-1991 Plan Commission Case PDP-91-1 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Advisory Plan Commission conducted a public hearing on Tuesday, July 23, 1991, on the petition of Charles William and Shelia Guy Focht and Raymond E. and Minnie L. McDaniel, owners; Tharaldson Development, Company, agent; requesting the vacation of the utility easement located along the north line of Lots 4 and v in the Highland View Addition. The vacation of the utility easement is necessary to enable the construction of the proposed Comfort Inn Motel at 912 and 914 Mendleson Drive. The petition has been reviewed by the Planning Department, City Engineer's Office, Richmond Sanitary District, Richmond Fire Department, Traffic Division of the Police Department and public utility companies. No problems or concerns have been identified. Richmond Power and Light and General Telephone are presently using the easement. The developer has agreed to provide new easements on the property to allow the overhead lines to be relocated. Eighteen (18) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department Ordinance No. 34-1991 Page 2 in favor of the petition and six (6) notices were returned to the Plan Department oppossed to the petition. During the public hearing no one spoke in opposition to the petition. The Plan Commission voted seven (7) to zero (0) to recommend to Council that Ordinance No. 34-1991 be adopted. Respectfulsubmitted, Daniel S. Dooley, Executive Secretary Richmond Advisory Plan Commission DISPOSITION OF ORDINANCE NO. JV .199 / RESOLUTION NO. -199 by Common Council Ordinance No. 311 Resolution No. _ Elstro Lundy Brockbank Hankinson McBride Parker Morris Paust Hutton Date % /- 9 / Susp. rules Ist read Title only r/ Seconded v Proof of Publicaton ------------------- v Seconded ------ ------ -----•.... --------- -------- -------------- ------ ------ Move to 2nd read - ---- - ------------------------- Seconded Engrossment L/I2rfii� ------ ----- --------- --------- -------- ------------- ----- ------ Seconded Susp rules 3rd red L(/�21IliLfltttdlY�------- ------ --------- -------- -------- ------------- ` ------ ------ Seconded v Passage L- ------- ---0 R ------- ---------- -------------------- ------ --- ................ -- ------- --- - - Rejection 0 Date Passed 00—!L5—' I?/ COMMITTEE ASSIGNMENTS: Committee &(, i Date '/ 02 3 - 9/ Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: