HomeMy Public PortalAbout057-1990- VACATION - FOXBORO CRT RUNNING NORTH OFF OF SOUTHEASTG G 912`9 so OCT z2 AM 1c: 45
MQ'38 WAYNE R�-co,ROER
ORDINANCE NO. 57-1990
AN ORDINANCE VACATING A CERTAIN PUBLIC WAY WITHIN THE CITY OF
RICHMOND, INDIANA, BEING FOXBORO COURT RUNNING NORTH OFF OF
SOUTHEAST PARKWAY.
WHEREAS, David L. Jetmore, M.D., Inc., has petitioned the Common Council
of the City of Richmond, requesting to vacate the street known
as Foxboro Court running north off of Southeast Parkway; 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 Al /-5'd
1990; and, —
WHEREAS, a study of this Ordinance was conducted by the Richmond City
Plan Commission on the o7�?aday 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 9 to 0
in favor of/' recommending passage of
Ordinance No. 57-1990.
NOW THEREFORE BE ORDAINED by the Common Council of the City of
Richmond, Indiana as follows:
SECTION 1. That the public way described below is hereby vacated.
Located in Section 3, Township 13 North, Range 1 West and in
Section 34, Township 14 North, Range 1 West, City of
Richmond, Wayne County, Indiana, being all the dedicated
roadway of Foxboro Court as shown on the plat of Foxboro
Manor recorded in Plat Book 13, page 135 of the Wayne county
Plat Records, and being more particularly described as
follows:
Beginning at the southwest corner of said Foxboro Court, said
point of beginning also being in the south line of Foxboro Manor
subdivision and in the north right-of-way line of Southeast
Parkway; thence North 0 degrees 08 minutes East for 257.74
feet; thence on a curve to the the right for an arc distance of
53.97 feet, said curve having a radius of 126.887 feet and a
central angle of 24 degrees 22 minutes 04 seconds; thence
North 24 degrees 30 minutes 04 seconds East for 105.06 feet;
thence on a curve to the left for an arc distance of 30.55 feet,
said curve having a radius of 40.00 feet and a central angle of
43 degrees 45 minutes 42 seconds; thence on a curve to the
right for an arc distance of 233.46 feet, said curve having a
radius of 50.00 feet and central angle of 267 degrees 31
minutes 25 seconds; thence on a curve to the left for an arc
distance 30.55 feet, said curve having a radius of 40.00 feet
and a central angle of 43 degrees 45 minutes 42 seconds;
thence South 24 degrees 30 minutes 04 seconds West for
105.06 feet, thence on a curve to the left for an arc distance
of 32.70 feet, said curve having a radius of 76.887 feet and a
central angle of 24 degrees 22 minutes 04 seconds; thence
Ordinance No. 57-1990
Page 2
South 0 degrees 08 minutes West for 251.39 feet to a point in
the south line of Foxboro Manor Subdivision and the north right
-of-way line of Southeast Parkway; thence with the south
line of Foxboro Manor and the north right-of-way line of
Southeast Parkway on a curve to the left for an arc distance of
50.43 feet to the point of beginning, said curve having a radius
of 429.27 feet and a central angle of 6 degrees 43 minutes 51
seconds.
The above description is written in full compliance with the
data shown on the recorded record plan of Foxboro Manor.
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_j,,tday of�,1990, by the Common Council
of the City of Richmond, India
P sident ommon Council
ATTEST:
City ClEfrk
PRESENTED to the Mayor of the City of Richmond, Indiana, thisday of C�
1990.
City erk !T
APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond,
Indiana, this�day of Oc-?' 19 0
Frank H. termann, Mayor
ATTEST:_ �Giucv�
City CI rk
[%OEBORA S1 SMIT'rR
INTER -OFFICE MEMO
DATE: August 16, 1990
To: Common Council
FROM: Dan Dooley
SUBJECT: Ordinance No. 57-1990
COPY TO:
Petitioner: David L. Jetmore, M.D., Inc., owner.
Request: vacation of the right-of-way for Foxboro Court to enable a new
subdivision and commercial development unit project to be designed and
approved. A portion of the existing street shall stay in place and be
dedicated as the new Glen Miller Parkway. Upon the vacation of Foxboro
Court additional right-of-way shall be dedicated to enable the
construction of a through street between East Main Street and Southeast
Parkway.
Location: running north off of Southeast Parkway in the 2500 block.
CITY PLAN COMMISSION.
RICHMOND, INDIANA
September 26, 1990
Mrs. Jane Brookbank, President
Members of Common Council and
Mrs. Mary Merchanthouse, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: Ordinance No. 57-1990
Plan Commission Case PDP-90-4
Dear Mrs. Brookbank, Members of Common Council and
Mrs. Merchanthouse:
The Richmond City Plan Commission conducted a public hearing on
Tuesday, September 25, 1990, on the petition of David L. Jetmore, M.D.,
Inc., owner, requesting to vacate the right-of-way of Foxboro Court
running north off of Southeast Parkway in the 2500 block. The vacation is
desired so that new right-of-way may be dedicated for the construction of
a new street to be known as Glen Miller Parkway. Foxboro Court was
constructed in 1978 as a part of the subdivision Foxboro Manor. No
development has occured in this subdivision. In December 1989, the
Commission approved a petition vacating the Foxboro Manor Subdivision to
enable a new subdivision and commercial development unit project to be
designed on this property. The vacation of Foxboro Court is part of the
process to grant final approval to both new projects.
All utility companies have reviewed the petition as well as the Sanitary
District, Fire Department and Police Department. No concern has been
identified by anyone. The petitioner owns _all the property adjacent to the
right-of-way requested to be vacated.
Ordinance No. 57-1990
Page 2
Eleven (11) notices of public hearing were sent to the residents
surrounding the site. One (1) notice was returned oppossed to the
petition and two (2) notices were returned not oppossed to the petition.
During the public hearing the following five (5) persons spoke in
opposition to the petition, Mr. John Jennens, 201 Southeast Parkway, Mrs.
Elizabeth Biomyer, 5 South 27th Street, Dr. Ray Weitemier, 25 South
25th Street, Mr. David Shaw, 2515 Southeast Parkway, and Mr. Jim
Peters, 2616 Southeast Parkway. These residents cited their concerns
regarding a through street between East Main Street and Southesast
Parkway and the adverse impact on the surrounding residential area.
The Plan Commission voted nine (9) to zero (0) to recommend to Council
that Ordinance No. 57-1990 be adopted.
Respectfully submitted,
Imo-@ S , )
Daniel S. Dooley, Executive Secretary
Richmond City Plan Commission
+Ig1821-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 September 4, 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 CERTAIN PUBLIC WAY WITHIN THE CITY OF RICHMOND, INDIANA, BEING FOXBORO
COURT RUNNING NORTH OFF OF SOUTHEAST PARKWAY. [
That subject to the preservation of all easements for existing utilities, the public way described
below is hereby vacated.[
Located in Section 3, Township 13 North, Range 1 West and in Section 34, Township 14 North,
Range i West, City of Richmond, Wayne County, Indiana, being all the dedicated roadway of
Foxboro Court as shown on the plat of Foxboro Manor recorded in Plat Book 13, page 135 of the
Wayne county Plat Records, and being more particularly described as follows:[
Beginning at the southwest corner of said Foxboro Court, said point of beginning also being in
the south line of Foxboro Manor subdivision and in the north right-of-way line of Southeast
Parkway; thence North 0 degrees 08 minutes East for 257.74 feet; thence on a curve to the the
right for an arc distance of 53.97 feet, said curve having a radius of 126.887 feet and a central
angle of 24 degrees 22 minutes 04 seconds; thence North 24 degrees 30 minutes 04 seconds
East for 105.06 feet; thence on a curve to the left for an arc distance of 30.55 feet, said curve
having a radius of 40.00 feet and a central angle of 43 degrees 45 minutes 42 seconds; thence
on a curve to the right for an arc distance of 233.46 feet, said curve having a radius of 50.00
feet and central angle of 267 degrees 31 minutes 25 seconds; thence on a curve to the left for
an arc distance 30.55 feet, said curve having a radius of 40.00 feet and a central angle of 43
degrees 45 minutes 42 seconds; thence South 24 degrees 30 minutes 04 seconds West for
105.06 feet, thence on a curve to the left for an arc distance of 32.70 feet, said curve having a
radius of 76.887 feet and a central angle of 24 degrees 22 minutes 04 seconds; thence South 0
degrees 08 minutes West for 251.39 feet to a point in the south line of Foxboro Manor
Subdivision and the north right-of-way line of Southeast Parkway; thence with the south line
of Foxboro Manor and the north right-of-way line of Southeast Parkway on a cure to the left
for an arc distance of 50.43 feet to the point of beginning, said cure having a radius of 429.27
feet and a central angle of 6 degrees 43 minutes 51 seconds.[
The above description is written in full compliance with the data shown on the recorded record
plan of Foxboro Manor.[
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 24, 1990[
CITY PLAN COMMISSION
RICHMOND, INDIANA
September 26, 1990
Mrs. Jane Brookbank, President
Members of Common Council and
Mrs. Mary Merchanthouse, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: Ordinance No. 57-1990
Plan Commission Case PDP-90-4
Dear Mrs. Brookbank, Members of Common Council and
Mrs. Merchanthouse:
The Richmond City Plan Commission conducted a public hearing on
Tuesday, September 25, 1990, on the petition of David L. Jetmore, M.D.,
Inc., owner, requesting to vacate the right-of-way of Foxboro Court
running north off of Southeast Parkway in the 2500 block. The vacation is
desired so that new right-of-way may be dedicated for the construction of
a new street to be known as Glen Miller Parkway. Foxboro Court was
constructed in 1978 as a part of the subdivision Foxboro Manor. No
development has occured in this subdivision. In December 1989, the
Commission approved a petition vacating the Foxboro Manor Subdivision to
enable a new subdivision and commercial development unit project to be
designed on this property. The vacation of Foxboro Court is part of the
process to grant final approval to both new projects.
All utility companies have reviewed the petition as well as the Sanitary
District, Fire Department and Police Department. No concern has been
identified by anyone. The petitioner owns .all the property adjacent to the
right-of-way requested to be vacated.
Ordinance No. 57-1990
Page 2
Eleven (11) notices of public hearing were sent to the residents
surrounding the site. One (1) notice was returned oppossed to the
petition and two (2) notices were returned not oppossed to the petition.
During the public hearing the following five (5) persons spoke in
opposition to the petition, Mr. John Jennens, 201 Southeast Parkway, Mrs.
Elizabeth Blomyer, 5 South 27th Street, Dr. Ray Weitemier, 25 South
25th Street, Mr. David Shaw, 2515 Southeast Parkway, and Mr. Jim
Peters, 2616 Southeast Parkway. These residents cited their concerns
regarding a through street between East Main Street and Southesast
Parkway and the adverse impact on the surrounding residential area.
The Plan Commission voted nine (9) to zero (0) to recommend to Council
that Ordinance No. 57-1990 be adopted.
Respectfully submitted,
Daniel S. Dooley, Executive Secretary
Richmond City Plan Commission
_.... m. ,L.e.
Inv. 082490-2 30000334 J*V
C.—A Form No. 00 P (Rev. 192i7t
Form Prescribed by State Board of Accounts
City Of Richmond -City Clark Pallad"Llm- blishingCptporgtion,,,,,,,,, Dr.
..............................n........................... To ..,.....,,.........
(Governmental Unit) 1175 North A Street
......Wayne ............... County, Indiana ................,..
._........Richmondt.Indiana 47374
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PUBLISHER'S CLAIM ..
LINE COUNT `
Display Matter (Must not exceed two actual lines, neither of which shall totalamOre.�. y, , ��,;,y;r�-j�,•,a�a,4,:1
than four solid lines of the type in which the body of the advertisemen 1 set)
number of equivalent lines 3
........................
Head — number of lines
91
Body — number of lines "'•"••'•"""""'•'
2
Tail — number of lines """""""""" "
Total number of lines in notice "'. " .... b"
COMPUTATION OF CHARGES
...... q,........... lines, .. OnE......... columns wide equals .....1.......... equivalent 2Q 26
$ .......................
lines at ....... 11....... cents per line
.......... I .............
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) 6
TOTAL AMOi jNT OF CLAIM
DATA FOR COMPUTING COST
Width of single column 8 ems Size of type 6 point
Number of insertions ..... :.. Size of quad upon which type is cast .....
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Pursuant to the procisions and penalties of Ch. 155, Acts 1953,
1 hereby certify that the foregoing account is just and correct, that the amount is le due, to allo ng all st credit , and t at op rt
of the same has been paid.
Ti Cashier
August ?,............ . 19 9�_.................................
Date: .............
I NOTICE OF PUBLIC HEARINGS
I • ON PETITION FOR VACATION
F, OF PUBLIC WAYS
NotkYe her.by ppwen that 0W
'. tommvn on Cotil of the
6 Stheepfembtat 7:30 PC.I 7: of
i. Wayne `°an"'o
ono,will o public hearingon PUBLISHER'S AFFIDAVIT
ClmCovncll Mkh.
rwnd Municipal Building, located State of Indiana )
bf SONorth Sth Sheet, on the Pool.
flonrp u.ctlnnRRfh.vomtion.fA ,Wayne ...... County)
-
CERTAINPUBLICWAY "•"
WITHIN THE CITY OF RICHMOND,
INotANA BEING FOXBORO !
COURT RUfVNING NORTH OFF OF I Personally appeared before me, a notary public in and for said county and state,
�p{�THEAST PARKWAY. .,.It
C aAhi IY]C
Tlwl subject to the, lirvd•
"Ttonot811tosemeflbfa�oxbtlnQ ReaekahRObhinswho, being dui sworn, says the he is .............
f-ytIIBI«.deepubiktraydespiblrp I the undersigned ............... I., ....... I .....
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blew 1• hereby vacafed. .
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