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
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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
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...... Wayne ............... County,Indiana ,,,,,••••.....,,Richmond, Indiana 47374
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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
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........... 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