The URL can be used to link to this page

Home My Public Portal About073-1990-VACATION - ALLEY RUNNING WEST OFFF NORTH 7TH ST IN THE000288 9'I JAN ID P, BOOK 16PAGE279 WAYNE COUNTY Pr-MSDER ORDINANCE NO. 73-1990 AN ORDINANCE VACATING AN ALLEY RUNNING WEST OFF OF NORTH 7TH STREET, IN THE 100 BLOCK, IN THE CITY OF RICHMOND, INDIANA. WHEREAS, Marc N. Jaffe and James David Hernly have petitioned the Common Council of the City of Richmond, Indiana requesting to vacate the alley running west off of North 7th Street, in the 100 block; 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 `qz S ,1990; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission on the,Z3r�Iay of oe f -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 too in favor of/in recommending passage of Ordinance No. 73-1990. 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. Beginning at the southwest corner of Lot 62 of Charles W. Starr's Addition to the City of Richmond; thence east127 feet more or less to the southeast corner of said Lot 62; 'Thence so feet more or less to the northeast corner of Lot 61 of Charles W. Starr's Addition to the City of Richmond; thence west 127 feet more or less to the northwest corner of said Lot 61; thence north 10 feet more or less to the place of beginning. 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 day of�,1990, by the Common Council of the City of Richmond, Indiana. �e-sident , Common Council i 10 BOOK 16PAGE280 Ordinance No. 73-1990 Page 2 PRESENTED to the Mayor of the City of Richmond, Indiana, this-7 qay of 1990. City C erk APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this ZQ` day of_ 7990. Frank H. altermann, Mayor ATTEST: %lt-v City Cler STATE OF INDIANA COUNTY OF WAYNE Before me the undersigned, a Notary Public in and for said County and State, personally appeared Jane R. Brookbank, Mary Merchanthouse and Frank H. Waltermann, and acknowledged the execution of the foregoing instrument this 7th. day of :NQv..,1990. `i+Titness-'my, -'h4nA and Notorial Seal. Carol E. Brady, Notary Publ c Residing in Wayne County, andiana .Y, ommi:ssion Expires: 2/22/92 THIS IN�TR•U ENT PREPARED BY BRUCE D. METZGER, ATTORNEY AT LAW RECORDED; �1AN 10 199, pq� ry A F Vuly entered for taxation ti;; 10 day of f 9 INTER -OFFICE MEMO DATE: October 8, 1990 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 73-1990 COPY TO: Petitioner: Marc Jaffe and James Hernly, owners; Robert Bever, agent. Request: vacation of a public alley running west off of North 7th Street in the 100 block. The vacation is requested to enable Tire Centers, Inc. to purchase the property at 118 North 7th Street, demolish the dwelling, and develop the entire area as a parking lot. Location: between Tire Centers, Inc. and 118-120 North 7th Street. Running west off of North 7th Street in the 100 block. CITY PLAN COMMISSION RICHMOND, INDIANA October 30, 1990 Mrs. Jane Brookbank, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 73-1990 Plan Commission Case PDP-90-5 Dear Mrs. Brookbank, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, October 23, 1990, on the petition of Marc N. Jaffe and James David Hernly, owners; Robert Bever, agent, requesting to vacate a public alley running west off of North 7th Street in the 100 block. The petitioners desire to vacate the alley to use the area for the expansion of a parking lot for Tire Centers, Inc. located at the northwest corner of North 7th and North A Streets. All utility companies, the Sanitary District, Fire Department and Police Department have reviewed the petition. No concerns have been identified. Seven (7) notices of public hearing were sent to the residents surrounding the site. One (1) notices was returned to the Plan Department not oppossed to the petition. During the public hearing no one spoke in opposition to the petition. Ordinance No. 73-1990 Page 2 The flan Commission voted nine (9) to zero (0) to recommend to Council that Ordinance No. 73-1990 be adopted. Respectfully submitted, Daniel S. Doolexecutive Secretary Y Richmond City Plan Commission +Ig1018-IegO„IegO$ NOTICE OF PUBLIC HEARING [ ON PETITION TO VACATE AN ALLEYt Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on November 5, 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 AN ALLEY RUNNING WEST OFF OF NORTH 7TH STREET, IN THE 100 BLOCK, IN THE CITY OF RICHMOND.[ That subject to the preservation of all easements for existing utilities, the public way described below is hereby vacated.[ Beginning at the southwest corner of Lot 62 of Charles W. Starr's Addition to the City of Richmond; thence east127 feet more or less to the southeast corner of said Lot 62; thence 10 feet more or less to the northeast comer of Lot 61 of Charles W. Starr's Addition to the City of Richmond; thence west 127 feet more or less to the northwest corner of said Lot 61; thence north 10 feet more or less to the place of beginning. [ 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: October 26, 1990[ /yO-7,22 p/DP -9v s PETITION TO VACATE ALLEY TO: Common Council of the City of Richmond, Indiana Date: September 28, 1990 Come now Marc N. Jaffe and James David Hernly, by counsel, and pursuant to I.C. 36-7-3-12, respectfully petition to vacate the alley described below. In support of their petition, petitioners would state as follows: 1. That they are the owners of property located at 118-120 North 7th Street, Richmond, Indiana, which property is more particularly described as follows: A strip of ground 42-1/2 feet wide off of the south side of Lot Number 62 in Charles W. Starr's Addition to the City of Richmond, Indiana. and which property is shown on Exhibit A attached hereto. 2. That the alley which they wish to vacate is ten (10) feet in width immediately south of their above described property, situate between Lot 61 and Lot 62 of Charles W. Starr's Addition to the City of Richmond, as also shown on Exhibit A; was originally dedicated in the Plat recorded by Charles W. Starr on April 22, 1828 at Plat Record Book No. 1, page 213 in the office of the Wayne County Recorder; and is more particularly described as follows: Beginning at the Southwest corner of Lot 62 of Charles W. Starr's Addition to the City of Richmond, thence east 127 feet more or less to the Southeast corner of said Lot 62; thence south 10 feet more or less to the Northeast corner of Lot 61 of Charles W. Starr's Addition to the City of Richmond, thence west 127 feet more or less to the Northwest corner of said Lot 61, thence north 10 feet, more or less, to the place of beginning. -2- 3. That the only owners of land abutting the property to be vacated are the petitioners herein, and Tire Center, Inc., 500 South Main Street, Akron, Ohio 44318, which is involved with this request as described below. 4. That the only other property abutting the extension of the alley to the west of the property to be vacated, which could arguably be affected by this petition, is the City of Richmond. 5. That the reason for requesting the vacation of the subject alley is to allow Tire Center, Inc., which is the owner of Lot 61 of Charles W. Starr's Addition located on the south side of the alley, to purchase the petitioners' property (Lot 62) and to combine petitioners' property with the vacated alley for purpose of constructing a parking lot thereon. WHEREFORE, the petitioners pray that the legislative body for the City of Richmond vacate the alley, as described above, as a public way; that all right of the public for its use as a thoroughfare terminate, subject to any easements of private and public utilities over, along, under and across said parcel of real estate for the installation and maintenance of utilities; and that title to the described alley real estate vest in the petitioners, subject to the same utility restrictions. HARLAN, SCHUSS-LEi2. O' MALEY,—$OSTON & BEVER l r By Robert L. Bever 400 BANK ONE Building Richmond, Indiana 47374 Telephone: (317) 962-7527 Attorneys for Petitioners ..a........a.• .. . w,cai;nNasa-....T.w.., ,.t ..pv i .. ..._Mn: vrr'.4�'•.... n,.:ry .. .. ,. ._. MAP 46=32-430 m STR NORTH 1 6TH 825 1 45 35 826 aza I 8 60� Ter 41 415 82.5 , 8 70' I D I j .. 1 1 I f! o a n a 1 ., v, N I ii I O N I li.n Z I(D I� p W 1 '1I N O s _ F 1 z I I l i I —1 14 1 H3 144) u 1431 5�+11—f! --r e _131---y-r4e1 _N Y rrn r53J I fS2J "' _ _ _ _ _ f6 Z m C11 L I I Ij Ij_ a i(D I I a h ' 5 60' ' 4 40 29 535 49I 35 31 5 82.5 8 39 82.5 82 3 as m � l NORTH � 7TH m 8,25 62. 1 , 79.25 , 40' 315 o .' 001� 55 �72.5 i 59 , 79.25 62S 80' I I I I 1 I I N ! 1 1 I ~ Z to IlD I v i(D ` `� -� w -- �'_ r791 � I soJ rsu _ -y �- dosi — , no21 «orl __ __-- --- 7JoeJ I noei i I uorr , rrosl no'sli"-Troai , I «r 79.2.5 O p N.• - b y m 1 I I 1 1 N I 1 i I 1 5 aa1 675 4f.3 55 2d 7925 ' 7925 ' r 8 25 NORTH 8TH ° a,5 1 79.25 I la 1 d 3" 1 .e ¢aa �n a I I , � I I'D P A 4 IN O: I , ! � I O o ° r1 NO rrr31 #141 =�!/6 a /1/B1 u ---- (I/ 377 sa u, 141.25 ------ rr 5a 1 rr491 e x ® PE mm ; ' rn I� N D I(D i ❑ N _a N �,- _-- n _ _ ^ .. N 1 N 1 - i II 14135 79.25 675 7925 141.25 ~ I m 4m 1 I 6 3 I I -nt I 5 V50 54.5 R ju DISPOSITION OF ORDINANCE NO. 73 -199 b RESOLUTION NO. -199 by Common Council Drdinance No.;P3 Resolution No. _ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brookbank Date 2 Susp. rules Ist read Title only ------ ------ -----• ------ ---------- •••• .................... Seconded ------ ---------- ------- Proof of Publicaton Seconded v Move to 2nd read Seconded Engrossment Seconded [.— Susp rules 3rd read ---- ------------ v --- •------ ---- --- --- --- --- ------- Seconded Passage ` e— . ...... 0 R- ----- •-----.. .................. ---- ----- - ------- Rejection D Date Passed // - - $� COMMITTEE ASSIGNMENTS: Committee e wn' Date Commitee Hearing Date i D- .,t 3- 9 0 Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: Inv. 102690-1 30000334 Form Prescribed by State Board of Accounts General, om No. 99 P (Rev. 1987) Ci .y...D, ..R] Ckl[11Qnar...QitY... CIeYk............ To ...................palladium Publishing Corporation.......... Dr. (Governmental Unit) 1175 North A Street ..................................... Woyne............... 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 .......... 3............ Body — number of lines ........................ 35 Tail — number of Iines ........................ 2 Total number of lines in notice ........................ 4 COMPUTATION OF CHARGES ...... 4.(,1......... lines, ....... AA.e..... columns wide equals ....40........... equivalent $. lines at ......2.11......... cents per line ......8 . 4.4._..... 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 s........8-4Q........ DATA FOR COMPUTING COST Width of single column 8 ems Number of insertions ... 1.. Size of type 6 point Size of quad upon which type is cast Pursuant to the procisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount isJegallyduojustcre , a at no ¢art of the same has been paid. . Date: ........... November 6 90 .................................. . 19 ...... TitIe... ......... ........................ ....... CashieY' PUBLISHER'S AFFIDAVIT State of Indiana ) ...... Wayne ...... County) ss Personally appeared before me, a notary public in and for said county and state, .g RebekahRobbin g y y sh Cashier the undersigned ........................... �vho, being duly sworn, says thatShe is ................ 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_ 1...... time ...... the dates of publication being as follows; ........................ .................. October 26 1990 .............!............ __................................ .......................................... ............................................................................................................................ 6th November 90 Subscr a and sworn to before me ......... day of ......................... 19 ..... ' .. ............. .....:......................................................... ............. Virginia C. Coleman Notary Public My commission expires January 24, 1991