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HomeMy Public PortalAbout045-1990-DEFEATED- VACATION - NORTH-SOUTH ALLEY RUNNING BETWEENORDINANCE NO. 45-199 AN ORDINANCE VACATING A PORTION OF THE NORTH -SOUTH ALLEY RUNNING BETWEEN NORTH J STREET AND HAWKINS ROAD WITHIN THE CITY OF RICHMOND, INDIANA. WHEREAS, Ashland Oil, Inc. has petitioned the Common Council of the City of Richmond, Indiana requesting to vacate the south 238 feet of the north -south alley running between North J Street and Hawkins Road 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. 45-1990. 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. Being a part of a strip of land 15.00 feet in width, and being a public alley along the east side of Morton Lake and Park Second Addition as recorded in Plat Book 5 Page 71 in the office of the Wayne County Recorder, Wayne County, Indiana, and being more particularly described as follows: Beginning at an iron pin found at the northeast corner of Lot 235 in said Morton Lake and Park Second Addition and running thence, north 89 degrees, 26 minutes, and 55 seconds east, along the extension of said north line, 15.00 feet to an iron rod set on the east line of said 15.00 feet wide alley; thence south, along side east line, 227.25 feet to a railroad spike found on the northwardly right-of-way line of Hawkins Road; thence south 52 degrees, 26 minutes, and 40 seconds west, along said northwardly right-of-way line, 18.92 feet to a point on the west line of said alley; thence north (assuming that North 20th Street runs north and south) along the west line of said alley, and along the east line of Lots 241 thru 235 inclusive in said Second Addition, 238.53 feet to the place of beginning, containing an area of 0.080 acres in said alley. SECTION 2. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. Ordinance No. 45-1990 Page 2 PASSED AND ADOPTED THIS day of ,1990, by the Common Council of the City of Richmond, Indiana. ATTEST: City Clerk President of Common Council PRESENTED to the Mayor of the City of Richmond, Indiana, this —day 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 ATTEST: City Clerk INTER -OFFICE MEMO DATE: July 12, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 45-1990 COPY TO: Petitioner: Ashland Oil Company, Inc., owner; Louis Schutte, agent. Request: vacation of a portion of the north -south alley running between Hawkins Road and North J Street. The alley is presently not developed or used by the public. The alley is adjacent to the area requested to be rezoned by Ordinance No. 43-1990. Location: the south 238 feet of the north -south alley running between Hawkins Road and North J Street. Ordinance No. 45-1990 Page 2 PASSED AND ADOPTED THIS day of 1990, 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, this —day of_ 1990. City Clerk APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond, Indiana, thisday of ,1990. Frank H. Waltermann, Mayor ATTEST: City Clerk NOTICE OF A PUBLIC HEARING ON A PETITION TO VACATE AN ALLEY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA WILL HOLD A PUBLIC HEARING ON AUGUST 20, 1990 AT 7:30 PM IN THE COUNCIL CHAMBERS, MUNICIPAL BUILDING, ON THE PETITION OF ASHLAND OIL COMPANY, INC. TO VACATE A PORTION OF THE NORTH -SOUTH ALLEY RUNNING BETWEEN HAWKINS ROAD AND NORTH J STREET. Vacation would be subject to the preservation of all easements for existing utilities. LEGAL DESCRIPTION OF THE ALLEY IS AS FOLLOWS: Being a part of a strip of land 15.00 feet in width, and being a public alley along the east side of Morton Lake and Park Second Addition as recorded in Plat Book 5, Page 71 in the office the Wayne County Recorder, Wayne County, Indiana and being more particularly described as follows: Beginning at an iron pin found at the northeast corner of Lot 235 in said Morton Lake and Park Second Addition and running thence, north 89 degrees, 26 minutes, and 55 seconds east, along the extension of said north line, 15.00 feet to an iron rod set on the east ►ine of said 15.00 feet wide alley; thence south, along side east line, 227.25 feet to a railroad spike found on the northwardly right-of-way line of Hawkins Road; thence south 52 degrees, 26 minutes, and 40 seconds west, along said northwardly right-of-way line, 18.92 feet to a point on the west line of said alley; thence north (assuming that North 20th Street runs north and south) along the west line of said alley, and along the east line of Lots 241 thru 235 inclusive in said Second Addition, 238.53 feet to the place of beginning, containing an area of 0.080 acres in said alley. More commonly known as the south 238 feet of the north -south alley running between Hawkins Road and North J Street. ALL PARTIES INTERESTED IN OR AFFECTED BY THIS PROPOSED VACATION ARE INVITED TO ATTEND THE PUBLIC HEARING TO SPEAK IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED VACATION AS PRESENTED IN ORDINANCE NO. 45- 1990. MARY MERCHANTHOUSE CITY CLERK 50 North 5th Street Richmond, Indiana 47374 317-983-7230 NOTICE OF A PUBLIC HEARING ON A PETITION TO VACATE AN ALLEY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA WILL HOLD A PUBLIC HEARING ON AUGUST 20, 1990 AT 7:30 PM IN THE COUNCIL CHAMBERS, MUNICIPAL BUILDING, ON .THE PETITION OF ASHLAND OIL COMPANY, INC. TO VACATE A PORTION OF THE NORTH -SOUTH ALLEY RUNNING BETWEEN HAWKINS ROAD AND NORTH J STREET. Vacation would be subject to the preservation of all easements for existing utilities. LEGAL DESCRIPTION OF THE ALLEY IS AS FOLLOWS: Being a part of a strip of land 15.00 feet in width, and being a public alley along the east side of Morton Lake and Park Second Addition as recorded in Plat Book 5, Page 71 in the office the Wayne County Recorder, Wayne County, Indiana and being more particularly described as follows: Beginning at an iron pin found at the northeast corner of Lot 235 in said Morton Lake and Park Second Addition and running thence, north 89 degrees, 26 minutes, and 55 seconds east, along the extension of said north line, 15.00 feet to an iron rod set on the east line of said 15.00 feet wide alley; thence south, along side east line, 227.25 feet to a railroad spike found on the northwardly right-of-way line of Hawkins Road; thence south 52 degrees, 26 minutes, and 40 seconds west, along said northwardly right-of-way line, 18.92 feet to a point on the west line of said alley; thence north (assuming that North 20th Street runs north and south) along the west line of said alley, and along the east line of Lots 241 thru 235 inclusive in said Second Addition, 238.53 feet to the place of beginning, containing an area of 0.080 acres in said alley. More commonly known as the south 238 feet of the north -south alley running between Hawkins Road and North J Street. ALL PARTIES INTERESTED IN OR AFFECTED BY THIS PROPOSED VACATION ARE INVITED TO ATTEND THE PUBLIC HEARING TO SPEAK IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED VACATION AS PRESENTED IN ORDINANCE NO. 45- 1990. MARY MERCHANTHOUSE CITY CLERK 50 North 5th Street Richmond, Indiana 47374 317-983-7230 Richmond Gas Corporation �� 33 South 7th Street • P.O. Box 966, Richmond, IN 47375 i Phone (317) 962-0555 • FAX (317) 962-4911 August 13, 1990 Ms. Mary Merchanthouse City Clerk 50 North 5th Street Richmond, IN 47374 Dear Ms. Merchanthouse: In lieu of attending the Public Hearing August 20, 1990 at 7:30 P.M., I am sending you this correspondence. Richmond Gas Corporation has no reason to contest the closing and vacating of a portion of the North -South Alley running between Hawkins Road and North J Street. We have no facilities in this alley. Sincerely, RICHMOND GAS CORPORATION William W. Misner, J:r Vice President/Dist ution WWM:md TO: DEPARTMENT OP CITY PLANNING RICHMOND, INDIANA PETITION This petition is for opposing the request to vacate the south 238 feet of the north -south alley running between Hawkins Road and North "J" Street. If you oppose this request, please sign below. NAME ADDRESS INTER -OFFICE MEMO DATE: July 12, 1990 To: Common Council FROM: Dan Dooley SUBJECT; Ordinance No. 45-1990 COPY TO: Petitioner: Ashland Oil Company, Inc., owner; Louis Schutte, agent. Request: vacation of a portion of the north -south alley running between Hawkins Road and North J Street. The alley is presently not developed or used by the public. The alley is adjacent to the area requested to be rezoned by Ordinance No. 43-1990. Location: the south 238 feet of the north -south alley running between Hawkins Road and North J Street. +lgl87-IegO„IegO$ NOTICE OF PUBLIC HEARING [ ON PETITION FOR VACATION OF PUBLIC WAYS[ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on August 20, 1990 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 PORTION OF THE NORTH -SOUTH ALLEY RUNNING BETWEEN NORTH J STREET AND HAWKINS ROAD WITHIN THE CITY OF RICHMOND, INDIANA. [ That subject to the preservation of all easements for existing utilities, the public way described below is hereby vacated.[ Being a part of a strip of land 15.00 feet in width, and being a public alley along the east side of Morton Lake and Park Second Addition as recorded in Plat Book 5 Page 71 in the office of the Wayne County Recorder, Wayne County, Indiana, and being more particularly described as follows:[ Beginning at an iron pin found at the northeast corner of Lot 235 in said Morton Lake and Park Second Addition and running thence, north 89 degrees, 26 minutes, and 55 seconds east, along the extension of said north line, 15.00 feet to an iron rod set on the east line of said 15.00 feet wide alley; thence south, along side east line, 227.25 feet to a railroad spike found on the northwardly right-of-way line of Hawkins Road; thence south 52 degrees, 26 minutes, and 40 seconds west, along said northwardly right-of-way line, 18.92 feet to a point on the west line of said alley; thence north (assuming that North 20th Street runs north and south) along the west line of said alley, and along the east line of Lots 241 thru 235 inclusive in said Second Addition, 238.53 feet to the place of beginning, containing an area of 0.080 acres in said alley.[ 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: August 10, 1990[== Ashland E. LOUIS SCHUETTE • P.O. BOX 541, COLUMBUS, INDIANA • 47202 • tSI2] 342-5343 _ CORPORATE REAL ESTATE DEPARTMENT July 3, 1990 The Honorable Common Council To The City Of Richmond, Indiana 50 North 5th Street Richmond, Indiana 47374 Att; Mr. Dan Dooley Dear Mr. Dooley, Attached please find the following: 1. Petition to Vacate a portion of a North/South Alley between North"J" Street and Hawkins Road. 2. A description of the portion to be vacated, marked Exibit A Page one. 3. A plat of the portion of the Alley to be vacated Marked Exibit A page one. 4. A list of nearby property owners and addresses Marked Exibit B Page one. 5. A list of the Utilities notified and Marked Exibit B Page Two. 6. My check in the amount of $100.00 as filing fee to vacate. If there is anything further that you need please call me at the above telephone number. Thanks for your help in my being able to file the proper papers. BEFORE THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION TO VACATE THE SOUTH 238 FEET OF THE NORTH -SOUTH ALLEY BETWEEN NORTH "J" STREET AND HAWKINS ROAD. SAID ALLEY BEING PARALLEL WITH 20TH STREET, AS PER PLAT ATTACHED. ASHLAND OIL,INC. Petitioner PETITION TO VACATE PUBLIC WAY Ashland Oil, Inc. by its authorized representative, E. Louis Schuette, P.O. Box 541, Columbus, Indiana 47202, 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 proposed vacation of the below described public alley. 2. Petitioner seeks the vacation of the south 238 feet of the North -South Alley between North "J" Street and Hawkins Road and said alley running parallel with 20th Street and as shown and described on the attached "Exhibit A" attached and incorporated herein by reference. 3. Petitioner seeks vacation of th.e Public Alley and all utilities, in said alley, in order to expand their existing asphalt emulsion plant on property petitioner owns adjacent to said alley. 4. Petitioner is sole owner of all lands abutting the alley to be vacated. However, those individuals described on the attached "Exhibit B" are owners of real estate located nearby and may be in- terested in being heard with respect to the petition to vacate. WHEREFORE, the Petitioner, Ashland Oil Inc. respectfully requests that the public alley and all utilities therein be vacated in accordance with provisions of IC 36-7-3-12 after due notice to the public, opportunity for hearing and such other pro- cedural matters as required by law. RESPECTFULLY SUBMITTED, ASHLAND OIL INC. by E. Louis Schuette By� E. Louis Schuette P.O. Box 541 Columbus, Indiana 47202 Telephone (812) 342--9343 "EFAREP 4 CMIFIED BY rnxa M �r� •EALS i WILM4 LUG. 4 SURv9Y1NG 4 CORP. I ILZ ►a .711 Ur* aTIL[T RICpW..4 LY%io^k 4irm t AGE i.'�1B 7orlu ' 7C.17� ILwkwr %AWN vwK iu..ar L.osa A. . +WwA wr PORTION OF ALLEY TO BE VACATED. PLAT OF SURVEY LOTS 183 TJ1RU 193 # PT. LOTS I" t I$6' MORTON LAKE # PARK ADDITION LOTS 235 TMR U 241 MORTON LAKE 0 PARK SECOND ADDITION PT OFFICAL MAP 'w 4 Sl PT. N.E. 'A SEC'. 33 ,TWP. I-4 H. , R. I MI. CITY OF RIC14MOND WAYNE COUNTY, INDIANA EXIBIT B PAGE TWO (2) LIST OF UTILITIES NOTIFIED OF PETITION TO VACATE ALLEY Richmond Power & Light Service Building (317-935-3131) 2000 Highway #27 South Richmond, Indiana 47374 City of Richmond Sanitary District 2380 Liberty Avenue (317-962-2828) Richmond, Indiana 47374 G. T. E. General Telephone Electric Service Center (317-935-7811) Richmond, Indiana 47374 Indiana American Water Company Richmond District (317-962-2541 500 East Main Street Richmond, Indiana 47374 Richmond Gas Corporation Service Center (317-962-7255 3421 U. S. Highway V27 North Richmond, Indiana 47374 LAND DESCRIPTION: Being a part of a strip of land 15.00 feet in width, and being a Public Alley along the east side of Morton Lake and Park Second Addition as recorded in Plat Book 5 Page 71 in the office of the Wayne County Recorder, Wayne County, Indiana, and being more particularly described.of follows: Beginning at an iron pipe found at the Northeast corner of Lot 235 in said Morton Lake and Parke Second Addition and running thence, North 89 degrees, 26 minutes, and 55 seconds East, along the extension of said North line, 15.00 feet to an iron rod set on the east line of said 15.00 foot wide alley: thence South, along said east line, 227.25 feet to a railroad spike found on the northwardly right--of-way line of Hawkins Road: thence South 52 degrees, 26 minutes, and CFO seconds West, along said northwardly right-of-way line, 18.92 feet to a point on the west line of said Alley: thence north (assuming that North 20th Street runs North and South) along the west line of said Alley, 238.53 and along the East line of Lots 241 thru 235 inclusive in said second addition, 238.53 feet to the place of beginning, containing an area of 0.080 acres in said alley. Subiect To: Any easement of record. This is to certify that the above description and the attached plat were prepared this 9th of July 1990, from a recent survey and are true and correct to the best of my knowledge and belief a O N BEALS SURVEYING CORPORATION John E. Beals { Reg. Surveyor No. 7955 sTATi of State of Indiana IN41AT4P SUR' � CITY PLAN COMMISSION RICHMOND, INDIANA August 2, 1990 Mrs. Jane Brookbank, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 45-1990 Plan Commission Case PDP-90-2 Dear Mrs. Brookbank, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, July 24, 1990, on the petition of Ashland Oil Company, owner; Louis Schutte, agent requesting to vacate the south 238 feet of a 15 feet wide alley that runs north and south between North J Street and Hawkins Road. The alley right-of-way is presently being used by Ashland Oil as a parking and storage area and is not used by the public. The petition indicates this is desired to officially incorporate the use of the alley into Ashland's operation. Ashland owns all the property abutting this portion of the alley. Eleven (11) notices of public hearing were sent to the residents surrounding the site. One (1) notice was returned to the Plan Department not oppossed to the petition and one (1) notice was returned oppossed to the petition. During the public hearing Mr. Dan Stamper spoke in opposition to the petition. Mr. Stamper cited concerns about neighborhood residents using the alley. He indicated that storm water drainage coming off of Ashland property has erroded the alley and prevented its complete use by the neighborhood. Ordinance No. 45-1990 Page 2 The Plan Commission voted ten (10) to zero (0) to recommend to Council that Ordinance No. 45-1990 be denied. Reesspe(jctfull ubmitted, FLU S ` Daniel S. Dooley, Executive Secretary Richmond City Plan Commission Inv. 081090-3 30000334 Form Prescribed by State Board of Accounts General Form No, 99 P (R— 1967) - ......... City .. of. -Rich[ucod-nCit. ..Clerk .............. To...................PalladiumPubIshingCorpOralion .......... Dr. (Governmental Unit) 1175 North A Street ...... Wayne ............... County,Indiana ,,,,,••••.....,,Richmond, Indiana 47374 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines Head — number of lines """'' ".'" Body —number of lines ................. B-- Tail - number of lines ---.. ----- .. • Total number of lines in notice ................. 6.3.. COMPUTATION OF CHARGES ._6.3......... lines,—.QAP........ columns wide equals .......... 63.... equivalent S ......1.3.. 29....... lines at ..... ..2.11........ cents per line Additional charge for notices containing rule or tabular work """"""."""""' (50 per cent of above amount) Charge for extra proofs of Publication ........................ ($1.50 for each proof in excess of two) TOTAL AMOUNT OF CLAIM $ ......1.3.29...... DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions ...1... Size of quad upon which type is cast ..... Pursuant to the provisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the of the same has been paid. Date:........... Augur t..13............ . 19 ..9 0 amoun is legally due, Ete allo g a ust credi , an no part Tide ................... Cashier PUBLISHER'S AFFIDAVIT State of Indiana ) ...... Wayne ...... County) ss Personally appeared before me, a notary public in and for said county and state, the undersigned ,?Zt'.WtS1]. T gbl;king hct, being duly sworn, says th&t he is ,P-WAPr of the Palladium -Item a daily newspaper of general circulation printed and published in the English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for. —(... time ...... the dates of publication being as follows: ............... ........................... ........... KU911st...10.1.... 199.0...... ..-...................... ................................ I ... I"..... ............................................. ................ .................................. I............................ Subscribed and to before me this ... _.13.th.......... day of .AUgUSt ......... 19 ..9.0 ........... ..................................... Virg is C. Coleman Notary Public My commission expires .........TanLtary,.24-.... 1991