Loading...
HomeMy Public PortalAbout055-1991 - VACATION - 1800 BLOCK OF SOUTH I STREET AND ALONG THORDINANCE NO. 55-1991 AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS LOCATED ON PROPERTY IN THE 1800 BLOCK OF SOUTH I STREET AND ALONG THE COMMON LOT LINES OF LOTS 43, 44, 45 AND 46 IN THE REPLAT OF THE FAIRFIELD PARK FIRST ADDITION. WHEREAS, Jerry and Karen Jennings, have petitioned the Common Council of the City of Richmond, Indiana requesting to vacate the ten feet wide utility easements located along the common lot lines of Lots 43, 44, 45 and 46 in the replat of the Fairfield Park First 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 1991, 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 to in favor of/in opposition to recommending passage of Ordinance No. 55-1991. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That the utility easements described below are hereby vacated. Being all of the ten (10) feet wide easement lying five (5) feet on each side of the common lot line of Lots 43 and 44 in the replat of the Fairfield Park First Addition; also, being all of the ten (10) feet wide easement lying five (5) feet on each side of the common lot line of Lots 45 and 46 in the replat of the Fairfield Park First Addition. 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 THISa, � day of be ,1991, by the Common Council of the City of Richmond, Indiana. President of Common Council ATTEST: City Clerl�i Ordinance No. 55-1991 Page 2 PRESENTED to the Mayor of the City of Richmond, Indiana, this (/ ay ofL�1, 1991. City Cle APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this-5�fday of 1991. Frank H. Waltermann, Mayor ATTEST:1-2n- -wl � z City Clerk RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA October 31, 1991 Mrs. Sally Hutton, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 55-1991 Plan Commission Case PDP-91-2 Dear Mrs. Hutton, Members of Common Council and Mrs. Merchanthouse: The Richmond Avisory Plan Commission conducted a public hearing on Tuesday, October 22, 1991, on the petition of Jerry and Karen Jennings, owners; Kramer and Associates, agent; requesting to vacate certain ten feet wide utility easements on property located in the 1800 block of South I Street and adjacent to Lots 43, 44, 45 and 46 in the replat of the Fairfield Park First Addition. The petition is requesting the vacation of an unused ten feet wide utility easement that runs east and west along the common lot line of Lots 43 and 44 and Lots 45 and 46 in the Fairfield Park Addition. The Fairfield Park Addition was platted prior to the City's Zoning Ordinance so that the Lots do not meet the present zoning requirements for a single family dwelling. If the utility easements are vacated, the petitioner will be able to reconfigure lot lines resulting in lots that do conform to zoning requirements. This will enable 4 dwellings to be constructed. All utility companies, the Sanitary District, the Fire Department and the Police Department have reviewed the petition. No concerns or problems have been identified. �i F Six (6) notices of public hearing were sent to the property owners surrounding the site. No notices were returned to the Plan Department. Ordinance No. 55-1991 Page 2 During the public hearing, no one spoke in opposition to the petition. The Plan Commission determined that the petition complies with the requirements of the State Law and voted nine (9) to zero (©) to recommend to Council that Ordinance No. 55-1991 be adopted. Respectfully submitted, Daniel S. Dooley, Executive Secretary Richmond Advisory Plan Commission +Ig1917-IegO„IegO$ NOTICE OF PUBLIC HEARING [ ON PETITION TO VACATE A UTILITY EASEMENT[ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on October 7, 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 ON PROPERTY IN THE 1800 BLOCK OF SOUTH I STREET AND ALONG THE COMMON LOT LINES OF LOTS 43, 44, 45 AND 46 IN THE REPLAT OF THE FAIRFIELD PARK FIRST ADDITION.[ That the utility easement described below is hereby vacated[ Being all of the ten (10) feet wide easement lying five (5) feet on each side of the common lot line of Lots 43 and 44 in the replat of the Fairfield Park First Addition; also, being all of the ten (10) feet wide easement lying five (5) feet on each side of the common lot line of Lots 45 and 46 in the replat of the Fairfield Park First Addition. [ 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: September 20, 1991 [== INTER -OFFICE MEMO DATE: September 12, 1991 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 55-1991 COPY TO: Petitioner: Jerry and Karen Jennings, owners; Kramer and Associates, agent. Request: to vacate two 10' utility easements, that are not presently being used, to enable the construction of 4 single family dwellings. Location: on property located in the 1800 block of South I Street and running along the common lot lines of Lots 43, 44, 45 and 46 in the replat of the Fairfield Park First Addition. COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA PETITION OF JERRY AND KAREN JENNINGS FOR THE VACATION OF CERTAIN (TWO) UTILITY EASEMENTS Comes now the petitioners, Jerry and Karen Jennings pursuant to the provisions of I.C. 36-7-3-12, petition the Common Council of the City of Richmond, Indiana as follows: 1. The petitioners are the owners of certain residential real estate located in Richmond, Wayne County, Indiana, and being more particularly described as follows: Lots 43, 44, 45 & 46 in Replat of Fairfield Park First Addition to the City of Richmond. 2. The petitioners desire to split lots (as shown on plat marked Exhibit C) and construct residential homes fronting South 'I' Street, said proposed homes would be located directly over existing easements. Petitioners also desire to dedicate new utility easements adjacent to new division lines (as shown). 3. Petitioners seek to effect the vacation of the utility easements described as follows: (a) being all of the 10.00 feet wide easement lying 5.00 feet on each side of the common lot line of said Lot 43 and Lot 44. (b) being all of the 10.00 feet wide easement lying 5.00 feet on each side of the common lot line of said Lot 45 and Lot 46. 4. The names and addresses of other nearby property owners who may have an interest in the proposed vacation, as shown by the records of the Wayne County Auditor, being those property owners owning real estate contiguous to that part of the said easements to be vacated, are set forth in Exhibit A attached hereto and incorporated herein. 5. Letters from all public utilities confirming that each utility is not occupying nor using apy part of said easements requested to be vacated and that each utility does not object to the proposed vacation are attached hereto, marked Exhibits B1 (Indiana Gas Corporation), B2 (General Telephone Company of Indiana, Inc.), B3 (Indiana -American Water Co. Inc.), B4 (Richmond Power & Light), B5 (Richmond Sanitary District) and B6 (TCI). Petition of Jerry and Karen Jennings Page 2 6. Attached hereto, marked Exhibit C and incorporated herein, is the plat of the general area in question including the lots described above and the tract requested to be vacated. 7. Petitioner requests that notice of this petition and of time and place of hearing be given as prescribed by law. WHEREFORE, petitioners, Jerry and Karen Jennings, respectfully request that a public hearing be conducted on its petition for the vacation of the above described easements and that said alley or public way thereafter be vacated. By rry 61 nnings Karen JenrWngs FILE: JKJENPET.WP 176 EXHIBIT A NAME SUBDIVISION & LOT ADDRESS James & Wilma Smith Oak Place Addition 1708 South 'I' Street Lot 13 Richmond, Indiana 47374 James & Marla Markley Fairfield Park Addition 942 South 18th Place Lot 53 Richmond, Indiana 47374 Robert & Sheryl Hendrix Fairfield Park Addition 807 South 18th Street Lot 47 Richmond, Indiana 47374 Ore & Annette Hall Fairfield Park"Addition 948 South 18th Place Lot 52 Richmond, Indiana 47374 Jerry & Karen Jennings Fairfield Park Addition 4794 King Road Lot 42 Richmond, Indiana 47374 Administrator of Fairfield Park Addition 575 North Pennsylvania Street Veterans Affairs Lot 48 Indianapolis, Indiana 46204 FILE: JKJENPEI'.WP 176 OHIO OFFICE IMIAN4 OFFICE & ASSOCIATES L&ce/lence /n People, Service and Solutions August 29, 1991 TCI of Indiana Inc. 2428 Chester Boulevard Richmond, Indiana 47374 Dear Sir: 1700 W.WinnerlIn* Rd. 830 Pramemde Eaton. OH 45320 Richwnd, IN 47374 (513) 456-1332 (317) 935-2696 FAX (513) 456-6912 Kramer & Associates represents the owner of Lots 43, 44, 45 and 46 in the Replat of Fairfield Park First Addition to the City of Richmond. We are requesting that the City of Richmond vacate the 10' feet wide easements running along tine common line of Lot 43 and Lot 44, and the common line of Lot 45 and Lot 46. This area has never been developed and to our knowledge no utilities exist in the easement. We propose to split these lots evenly with a new division lines running North and South creating four building sites with houses facing South I Street (see accompanying plat). New easements shall be dedicated as shown. If you have no objections to the vacation of these easements, please sign the enclosed statement and return it to our office in the envelope provided. Should you have any comments or questions, please contact me at 935-2696. Respectfully, Gordon E. Moore for Kramer & Associates Enclosure: Statement FILE:INIITILLT.WP 171 OHIO Off ICE IIV 1AM Off ICE ER 1700 W.WinnerlIn* Rd. 830 Promenade Eaton, OH 45320 Riolmond, IN 47374 & ASSOCIATES (513) 456-1332 (317) 935 2696 Excellence In People, Service and Solutions FAX (513) 456-6912 August 29, 1991 Indiana Gas Corporation 33 South 7th Street Richmond, Indiana 47374 Dear Sir: Kramer & Associates represents the owner of Lots 43, 44, 45 and 46 in the Replat of Fairfield Park First Addition to the City of Richmond. We are requesting that the City of Richmond vacate the 10' feet wide easements running along the common line of Lot 43 and Lot 44, and the common line of Lot 45 and Lot 46. This area has never been developed and to our knowledge no utilities exist in the easement. We propose to split these lots evenly with a new division lines running North and South creating four building sites with houses facing South I Street (see accompanying plat). New easements shall be dedicated as shown. If you .have no objections to the vacation of these easements, please sign the enclosed statement and return it to our office in the envelope provided. Should you have any comments or questions, please contact me at 935-2696. Respectfully, Gordon E. Moore for Kramer & Associates Enclosure: Statement FILE:INUTILLT.WP 171 �,� oHro OFFICE rnniAi►ca OFFICE"Al 1700 W.Winnerllne Rd. 830 Promenade Eaton, 0li 45320 Richmond, IN 47374 & ASSOC 1ATES (515) 456-1332 (317) 935 2696 Excellence In People, Service and Solutions FAX (513) 456-6912 August 29, 1991 GTE 3301 Wayne Trace P.O. Box 270 Ft. Wayne, Indiana 46801 Dear Sir: Kramer & Associates represents the owner of Lots 439 44, 45 and 46 in the Replat of Fairfield Park First Addition to the City of Richmond. We are requesting that the City of Richmond vacate the 10' feet wide easements running along the common line of'Lot 43 and Lot 44, and the common line of Lot 45 and Lot 46. This area has never been developed and to our knowledge no utilities exist in the easement. We propose to split these lots evenly with a new division lines running North and`South creating four building sites with houses facing South I Street (sec: accompanying plat). New easements shall be dedicated as shown. If you have no objections to the vacation of these easements, please sign the enclosed statement and return it to our office in the envelope provided. Should you have arty comments or questions, please contact me at 935-2696. Respectfully, Gordon E. Moore for Kramer & Associates Enclosure: Statement FILE:INUTILLT.WP 171 LJ(AER & ASSOC 1ATES Excellence In People, Service and Solutions August 29, 1991 Richmond Sanitary District Administrative Ofice 2380 Liberty Avenue Richmond, Indiana 47374 Dear Sir: OHIO OFFICE IAD IANA OFFICE 1700 W.Winnerllne Rd. 830 Promenade Eaton, ON 45320 Riclmond, IN 47374 (513) 456-1332 (317) 935 2696 FAX (513) 456-6912 Kramer & Associates represents the owner of Lots 43, 44, 45 and 46 in the Replat of Fairfield Park First Addition to the City of Richmond. We are requesting that the City of Richmond vacate the 10' feet wide easements running along the common line of Lot 43 and Lot 44, and the common line of Lot 45 and Lot 46. This area has never been developed and to our knowledge no utilities exist in the easement. We propose to split these lots evenly with a new division lines running North and South creating four building sites with houses facing South I Street (see accompanying plat). New easements shall be dedicated as shown. If you have no objections to the vacation of these easements, please sign the enclosed statement and return it to our office in the envelope provided. Should you have any comments or questions, please contact we at 935-2696. Respectfully, Gordon E. Moore for Kramer & Associates Enclosure: Statement FI1.E:INUTILI.T.WP 171 31JIER oHro OFFICE rnnranr� OFFICE 1700 W.Winnerline Rd. 830 Promenade & ASSOCIATES (513)'4566-15332 (31ws 5-2 967374 Excei/ence In People, Service and Solutions FAX (513) 456-6912 August 29, 1991 Richmond Power & Light 2000 U.S. 27 South Richmond, Indiana 47374 Dear Sir: Kramer & Associates represents the owner of Lots 43, 44, 45 and 46 in the Replat of Fairfield Park First Addition to the City of Richmond. We are requesting that the City of Richmond vacate the 10' feet wide easements running along the common line of Lot 43 and Lot 44, and the common line of Lot 45 and Lot 46. This area has never been developed and to our knowledge no utilities exist in the easement. We propose to split these lots evenly with a new division lines running North and South creating four building sites with houses facing South I Street (see accompanying plat). New easements shall be dedicated as shown. If you have no objections to the vacation of these easements, please sign the enclosed statement and return it to our office in the envelope provided. Should you have any comments or questions, please contact me at 935-2696. Respectfully, Gordon E. Moo for Kramer & Associates Enclosure: Statement FILE:INIJTII,LT.WP 171 OHIO OFFICE IlIDIANA OFFICE 1700 W.Winnerline Rd. 8.30 Promenade Eaton, 0H 45320 Richmond, IN 47374 & ASSOCIATES (513) 456-1332 (317) 935-2696 Excellence In People, Service aril Solutions FAX (513) 456-6912 August 29, 1991 Indiana -American Water Co., Inc. 500 East Main Street Richmond, Indiana 47374 Dear Sir: Kramer & Associates represents the owner of hots 43, 44, 45 and 46 in the Replat of Fairfield Park First Addition to the City of Richmond. We are requesting that the City of Richmond vacate the 10' feet wide easements running along the common line of Lot 43 and Lot 44, and the common line of Lot 45 and Lot 46. This area has never been developed and to our knowledge no utilities exist in the easement. We propose to split these lots evenly with a new division lines running North and South creating four building sites with houses facing South I Street (see accompanying plat). New easements shall be dedicated as shown. If you have no objections to the vacation of these easements, please "sign the enclosed statement and return it to our office in the envelope provided. Should you have any comments or questions, please contact we at 935-2696. Respectfully, Gordon E. Mo e for Kramer & Associates Enclosure: Statement FILL;:INUTILLT.WP 171 DISPOSITION OF ORDINANCE NO. SS`.199� RESOLUTION NO. -199 by Common Council Ordinance No. SS' Resolution No. _ Elstro Lundy Brookbank Hankinson McBride Parker Morris Paust Hutton Dateq-/lo -9/ Susp. rules Ist read Title only ------------------------- Seconded ------ ---------- --------- -------- �— -------------- ------ ------ Proof of Publicaton ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ Move to 2nd read Seconded Engrossment --------------------- Seconded - - ----- v -------- -•----- ------------- ----- ------ Susp rules 3rd read ------------------------- Seconded ------ ---------- --------- -------- -------------- ------ ------ V Passage --`6R- (] RejectionILL --------- ------- ------- -------- Date Passed 1a -a - I f COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DA AMENDMENTS: COMMENTS: