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HomeMy Public PortalAbout044-1990-STRICKEN - VACATION - RIGHT OF WAY OF SOUTH A ST RUNNIORDINANCE NO. 44-1990 AN ORDINANCE VACATING THE DEDICATED RIGHT-OF-WAY OF SOUTH A STREET RUNNING BETWEEN SOUTH 22ND STREET AND SOUTH 23RD STREET WITHIN THE CITY OF RICHMOND, INDIANA. WHEREAS, Richmond Community Schools has petitioned the Common Council of the City of Richmond, Indiana requesting to vacate the dedicated right-of-way of South A Street running between South 22nd Street and South 23rd Street in the City of Richmond; 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 ,1990; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission on the _day of 1990, 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. 44-1990. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That subject to the preservation of all easements for existing utilities, the public way described below is hereby vacated. Situated in the Northeast Quarter of Section 4, Township 13 North, Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at the intersection of the east line of South 22nd Street, with the north line of South A Street; thence south 89 degrees, 55 minutes, 00 seconds east along the north line of South A Street, to the west line of South 23rd Street; thence south 00 degrees, 22 minutes, 00 seconds east 50 feet along the extension of the west line of South 23rd Street, to the south line of South A Street; thence north 89 degrees, 55 minutes, 00 seconds west along the south line of South A Street, to the east line of South 22nd Street; thence north 00 degress, 00 minutes, 00 seconds east 50 feet along the extension of the east line of South 22nd Street, to the point of beginning. SECTION 2. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. Ordinance No. 44-1990 Page 2 PASSED AND ADOPTED THIS day of 11990, by the Common Council of the City of Richmond, Indiana. President of Common Council ATTEST: City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana, thisday of 1990. City Clerk APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of ,1990. Frank H. Waltermann, Mayor Y ATTEST: City Clerk BEFORE THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION TO VACATE SOUTH "A" STREET FROM SOUTH 22nd STREET TO SOUTH 23rd STREET; RICHMOND COMMUNITY SCHOOLS, Petitioner PETITION TO VACATE PUBLIC WAY Richmond Community Schools, by its authorized counsel, Ronald L. Cross of Reller, Mendenhall, Kleinknecht & Milligan, 2 North 8th Street, Richmond, Indiana, pursuant to IC 36-7-3-12 petitions the Common Council for the City of Richmond, Indiana, as follows: 1. Petitioner is an interested person as defined at IC 36-7-3-12(a) relative to the proposed vacation of the below described public street. 2. Petitioner seeks the vacation of South "A" Street from South 22nd Street to South 23rd Street in the City of Richmond, Indiana, all as more specifically described on the attached "Exhibit All incorporated herein by reference. 3. Petitioner seeks vacation of the proposed public street in order to facilitate the movement of school buses in the area of Test Middle School at times of student pick up and drop off and to minimize safety risks to students attendant to the existing traffic congestion that prevails while said street is being used as a public way. 4. Petitioner is the sole owner of all land abutting the proposed street that is to be vacated. However, those individuals described on the attached "Exhibit B" are the owners of real estate located nearby and may be interested in being heard with respect to the petition to vacate. WHEREFORE, the Petitioner, Richmond Community Schools, respectfully requests that the public street more specifically described on the attached "Exhibit A" be vacated in accordance with the provisions of IC 36-7-3-12 after due notice to the public, opportunity for hearing and such other procedural matters as required by law. Respectfully submitted, RICHMOND COMMUNITY SCHOOLS by RELLER, MENDENHALL, KLEINKNECHT, & MILLIG N Ronald L. Cross 2 North 8th Street Richmond, IN 47374 Telephone: 962-1541 EXHIBIT A - Page One DESCRIPTION For Richmond Community Schools, Inc. To Vacate South "A" Street From South 22nd Street to South 23rd Street .Situated in the Northeast Quarter of Section Four (4), Township Thirteen (13) North, Range One (1) West, City of Richmond, Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at the intersection of the east line of South 22nd Street, with the north line of South "A" Street; thence South 89155'00" East along the north line of South "A" Street, to the west line of South 23rd Street; thence South 00°22'00" East 50.00 feet along the extension of the west line of South 23rd Street, to the south line of South "At' Street; s thence North 89155'00" West along the south line of South "A"' Street, to the east .line of South 22nd Street; thence North 00°00'00" East 50.00 feet along the extension of the east line of.South 22nd Street, to the point of beginning. Bearings for the above description are based upon assuming east line of South 22nd Street (North 00000'00" East). Surveyed'and prepared by Douglas E. Kramer, Registered Surveyor #50413 on May 18, 1990, as shown on Drawing A-133, by Kramer &, Associates, Eaton, Ohio and Richmond, Indiana. FILE:RCHCOMD2 150 tlb EXHIBIT A - Page Two co S$9`S5'00'�' (439.ZJ o L South A' Street ExIsi;n9 0 9 0 W .3 14 15 14 I 7 16 I 9 1 /O Ilk � � o� I Stein ka mp Addif io \ �'�-- — Alley 6� /0 pr b b n (V4Mf,ca rrl l -� 1J CN Q M. 547 CA 'ZI Linden placerS o r c N 1 n I ICS p 52 � �p 15' Alle y n p � LA � n a•� � - g Q. 2L rtL N N .. ' V EXHIBIT B PARTIAL LIST OF AREA PROPERTY OWNERS 1) Phillip A. Buchs & Theresa 2237 East Main 2) Susan E. McClain & Jean S. Williams 2233 East Main 3) Madgeline A. Morgan 2231 East Main 4) Mary E. Maurer 103 South 23rd 5) Herbert K. & Hazel A. Bechtold 101 South 23rd 6) Robert L. & Marcella Hartman 61 South 23rd 7) Cynthia A. Wiggans 59 South 23rd 8) Robert T. Allen, Jr. c/o Cary Becknell 425 South 19th 9) Cheryl Lee Reis 51 South 23rd 10) SNB, Trustee 8th and Promenade 11) Harold & Marjorie Hill 123 South 23rd 12) Landon E. & Cynthia L. Walker 115 South 23rd 13) Marjorie Rork 109 South 23rd 14) Marion K. & Priscilla Hawley 2301 South A Street BEFORE THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION TO VACATE SOUTH "A" STREET FROM SOUTH 22nd STREET TO SOUTH 23rd STREET; RICHMOND COMMUNITY SCHOOLS, Petitioner PETITION TO VACATE PUBLIC WAY Richmond Community Schools, by its authorized counsel, Ronald L. Cross of Reller, Mendenhall, Kleinknecht & Milligan, 2 North 8th Street, Richmond, Indiana, pursuant to IC 36-7-3-12 petitions the Common Council for the City of Richmond, Indiana, as follows: 1. Petitioner is an interested person as defined at IC 36-7-3-12(a) relative to the proposed vacation of the below described public street. 2. Petitioner seeks the vacation of South "A" Street from South 22nd Street to South 23rd Street in the City of Richmond, Indiana, all as more specifically described on the attached "Exhibit A" incorporated herein by reference. 3. Petitioner seeks vacation of the proposed public street in order to facilitate the movement of school buses in the area of Test Middle School at times of student pick up and drop off and to minimize safety risks to students attendant to the existing traffic congestion that prevails while said street is being used as a public way. 4. Petitioner is the sole owner of all land abutting the proposed street that is to be vacated. However, those individuals described on the attached "Exhibit B" are the owners of real estate located nearby and may be interested in being heard with respect to the petition to vacate. WHEREFORE, the Petitioner, Richmond Community Schools, respectfully requests that the public street more specifically described on the attached "Exhibit A" be vacated in accordance with the provisions of IC 36-7-3-12 after due notice to the public, opportunity for hearing and such other procedural matters as required by law. Respectfully submitted, RICHMOND COMMUNITY SCHOOLS by RELLER, MENDENHALL, KLEINKNECHT, & MILLIGAN- By Ronald L. Cross 2 North 8th Street Richmond, IN 47374 Telephone: 962-1541 EXHIBIT A - Page One DESCRIPTION For Richmond Community Schools, Inc. To Vacate South "A" Street From South 22nd Street to South 23rd Street Situated in the Northeast Quarter of Section Four (4), Township Thirteen (13) North, Range One (1) West, City of Richmond, Wayne Township, Wayne County, Indiana, and being more particularly described as follows: Beginning at the intersection of the east line of South 22nd Street, with the north line of South "A" Street; thence South 89°55'00" East along the north line of South "A Street, to the west line of South 23rd Street;, thence South 00122'00" East 50.00 feet along the extension of the west line of South 23rd Street, to the south line of South "A Street; thence North 89155'00" West along the south line of South "A Street, to the east line of South 22nd Street; thence North 00°00'00" East 50.00 feet along the extension of the east line of South 22nd Street, to the point of beginning. Bearings for the above description are based upon assuming east line of South 22nd Street (North 00000'00" East). Surveyed'and prepared by Douglas E. Kramer, Registered Surveyor #SO413 on May 18, 1990, as shown on Drawing A-133, by Kramer & Associates, Eaton, Ohio and Richmond, Indiana. FILE:RCHCOMD2 150 tlb EXHIBIT A - Page Two o �g h �+ 389°S5'00'E (499.2 SoUfh W Street %toms o <4.3 9 2 / Z 13 4 5 j 6 7 j 6 j 9 /O �.� I I { I { I I � I w I Stein ka /7" Ada'J. to IA Ile w U cvQ�4f�d�� �1 O a �' y O. M. 546 can o n yn QM• 547 0 tz d g v L O a w � so' p o o S� __-�------- �, � �- N � Linden place o ti l r 4Z � Z 1 15' Alle y <racateu.1 -r_T—T—_F — g rk 'u'' I I I I 114 13 11 11, EXHIBIT B PARTIAL LIST OF AREA PROPERTY OWNERS 1) Phillip A. Buchs & Theresa 2237 East Main 2) Susan E. McClain & Jean S. Williams 2233 East Main 3) Madgeline A. Morgan 2231 East Main 4) Mary E. Maurer 103 South 23rd 5) Herbert K. & Hazel A. Bechtold 101 South 23rd 6) Robert L. & Marcella Hartman 61 South 23rd 7) Cynthia A. Wiggans 59 South 23rd 8) Robert T. Allen, Jr. c/o Gary Becknell 425 South 19th 9) Cheryl Lee Reis 51 South 23rd 10) SNB, Trustee 8th and Promenade 11) Harold & Marjorie Hill 123 South 23rd 12) Landon E. & Cynthia L. Walker 115 South 23rd 13) Marjorie Rork 109 South 23rd 14) Marion K. & Priscilla Hawley 2301 South A Street INTER -OFFICE MEMO DATE: July 12, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 44-1990 COPY TO: Petitioner: Richmond Community Schools, owner; Ron Cross, agent. Request: vacation of South A Street running between South 22nd Street and South 23rd Street. Location: As described above.