Loading...
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 s ' o�4 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 ..... I 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 ..... . g Y Y blew 1• hereby vacafed. . loeol.d In Sev . a. Townthlp 4a Nonh; R0 nR..1 Wso and In , of the Palladium -Item a daily newspaper of general circulation printed and published in the S.NIon iI Towl i 1 14 North Adnpa 1 Y%«t, [I of Richmond, ' the I. f or anwe dinan<e el 72,701.t.talacurwKWI ato• English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the dlu• of 76.BB7 left. oncto oonNWl onyie of 74 d.B .*s22 m1Aws's second•; Ih.nc. South D d.Bh... 00 mInuN.w It fol2Si;791.et to printed matter attached hereto is a true copy, which was duly published in saidpaper •a point In rM"wvfh�line of Fox. .boro M6nw,' tisdwbloii'and the ' north rlpht •way.line:of South-: 1 ,east Parkwa fhence wuh•16,, for.......... time....., the dates of publication being as follows: ........................................... Wool, ilne bl Foxt hro M.W �the A"t �Ntppttflg6f-RYay line ' ..Seulhtwst f.9 %*,' n e ri },�l u8 t 2 4 19 9 0 ................... :Ihe I f Mibn arc dlu y .......................... ..1.................................................................. ....... tl0.19 fsN'tblhe point of best Rc,' ,nlnpa,�told curve hovinp u' Ric ' at I79.i7 fool end a central angle' &ofMd.d•gt.N 43 mlpub•. SL.•ed': .......... ............................................. .. datal:hownro tho to Ilfhdd nit. 28ti� August 9Q p id 1M, Subscribe o to before me this ........, d Y turd plop of Foxboro Motlor. 'ru" interested In, ; < ' ry pbay t �y f ft're nt W Ilrl 011/1bn atl - ........................ kan. ...................... b public hearing to spw it {]1 ..Ohetttan Notary u i4ieppooldon to spfd'., q rep MoryMar ' M.rthanthoat. fit,. f City clerk ., January 24, 1391 ns6 al 1t Z�. My commission expires ............................................