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Home My Public Portal About005-1989-VACATION - 16FT ALLEY RUNNING WEST OFF OF SOUTH 18TH S�, R L'NGE b G0K ��,. U ORDINANCE NO.5-1989 AN ORDINANCE VACATING A CERTAIN PUBLIC WAY WITHING THE CITY OF RICHMOND, INDIANA, BEING A SIXTEEN FOOT (161) ALLEY RUNNING WEST OFF OF SOUTH 18TH STREET BETWEEN EAST MAIN STREET AND SOUTH A STREET. WHEREAS, Dana C. Weigle and Jean L. Weigle, husband and wife, and Franchise Realty Corporation have petitioned the Common Council of the City of Richmond, requesting to vacate a certain sixteen foot (161) alley; and, WHEREAS, the Common Council, pursuant to the provisions of I.C. 36-7-3-12, conducted a public he,ring on said vacation petition onuuilt (4_L_ , 1989; and WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission on the ",) &�- a day of -1989, at which time remonstrances were heard form all parties interested in or affected by this Ordinance; and, WHEREAS, to vote of the Richmond City Plan Commission was to in faVor of/' recommending `.passage of Ordinance No. 5-1989. NOW THEREFORE BE 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 16.00 foot wide alley between South 17th Street and South 18th Street and between East Main Street and South "A" Street, in a part of the Southeast Quarter of Section 33, Township 14 North, Range 1 West all in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at the southeast corner of Official Map 499 in the west line of South 18th Street, said point being 175.18 feet south of the point of intersecion of said west line with the south line of East Main Street and being the northeast corner of said 14 Lot Official Map 499;and running thence, from said beginning point, continuing south along the west line fo South 18th Street, 16.00 feet to a point at the northeast corner of Official Map 500; thence north 89 degrees, 37 minutes and 25 seconds west, along the north line of said Official Map 500, 139.12 feet to the northwest corner of said Lot; thence south 00 degrees, 01 minutes and 25 seconds west, along the west line of said Lot, 47.84 feet to an iron rod set; thence north 89 degrees, 58 minutes and 55 seconds west, 16.00 feet to a notch found in the west line of Official Map 497; thence north 00 5 9 2 5 degrees, 01 minutes and 25 seconds east, along the west line of said Lot 497, 63.94 feet to a point, thence south 89 degrees, 37 minutes and 25 seconds east, along the south line of Lots Official Map 498 and 499, 155.11 feet to the place of E C011r,_Y beginning, containing an area of 0.075 acres RECORDER (3248.1 square feet). JUL 13 M 3 04 ordinance No. 5-1989 Page 2 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 �p '�t day of -)I) , 1989, by the Common Council of the City of Richmond, Indiana. President of Common Council ATTEST:��-�I�7 0.11� City C erk PRESENTED to the Mayor of the City of Richmond, Indiana, this J'� day of2zQ,s.,,6 . '1989. IMKwg'm IN APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this ?a day of mat_ ,1989. ATTEST: �%% Citer COTT^FTY OF WAYNE SS STATE OF INDIANA Subscribed and sworn to before me, City Clerk of City of Richmond, Wayne County, Indiana -,this 8tb day of .March, 1989. h y` Mary Men hanthouse, City Clerk Resident of Wayne County P + ''+ ST ten;; EXPires: 17-31-91 owy entered for taxation this l� day of 19 �l �� & AUDITOR Or WAYNE OO!!NT'r This instrument prepared by Kenneth E. Barden, Attorney at Law. BEFORE THE COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION ) OF DANA C. WEIGLE AND JEAN ) L_ WEIGLE, HUSBAND AND WIFE, ) AND FRANCHISE REALTY CORPORATION ) FOR THE VACATION OF AN ALLEY } PETITION FOR VACATION OF ALLEY Come now the petitioners herein, Dana C. Weigle and Jean L. Weigle, husband and wife, and Franchise Realty Corporation, by counsel, and, pursuant to the statutes of the State of Indiana, including I.C. 36-7-3-12, respectfully petition the Common Council of the City of Richmond, Indiana, as follows: 1. Petitioners are the owners of certain real property located generally in the 1700 block of East Main Street, 15 South 17th Street, and also 10 through 14 South 18th Street, Richmond, Indiana, being more particularly described as follows, to -wit: See Exhibit A attached. 2. Contiguous to said real property owned by petitioners is an alley being 16 feet in width that no longer has use as a public way. 3. Dedication of a new alley approximately 100 feet to the south thereof was accepted by the Board of Public Works and Safety of the City of Richmond, Indiana on January 12, 1989. 4. Petitioners maintain said property and desire to use such in conjunction with their restaurant located upon the adjoining real property. 5. Accordingly, petitioners hereby request the Common Council to vacate said alley, the plat and legal description of which are attached hereto as Exhibits B and C. 6. The owners and addresses of all land abutting said alley proposed to be vacated are as follows: petitioners, Dana C. Weigle and Jean L. Weigle, 15 South 17th Street, Richmond, Indiana, 47374; and Franchise Realty Corporation, 15 South 17th Street, Richmond, Indiana, 47374. 7. The names and addresses of other nearby property owners who may have an interest in the proposed vacation, as shown upon the records of the Wayne County Auditor are as set forth upon Exhibit D. 8. Public Utilities who may have an interest in said alley have no objection to this vacation. 9. Petitioners request that notice of this petition and of time and place of hearing be given as prescribed by law. Petitioners shall pay the expenses of providing such notice. 10. Petitioners respectfully request that the Common Council adopt an ordinance vacating this alley and, further, that the Clerk of the City of Richmond, Indiana, furnish a copy of such vacation ordinance to the Wayne County Recorder for recording and also to the Wayne County Auditor. s e3 f l%'P BOOK Respectfully submitted, January 21 , 1989 STATE OF INDIANA SS: COUNTY OF WAYNE DANA C. WEIGLE AND JEAN L. WEIGLE, HUSBAND AND WIFE, AND FRANCHISE REALTY CORPORATION By Robert G. Burton Attorney for Petitioners Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Dana C. Weigle and Jean L. Weigle, husband and wife, and Franchise Realty Corporation, by their attorney, Robert G. Burton, who acknowledged the execution of the above and foregoing instrument to be their voluntary act and deed for the uses and purposes therein set forth and that the matters set forth therein are true to their knowledge and belief. WITNESS my hand and Notarial Seal this G *day of January, 1989. Nancy S. #right Notary PiYblic, A re dent of Wayne County, Indiana 1� 'P'—torgnr bion expires: Jams.;, 1992 fi!1)if� Ditty entered for taxation thil ) 3 day of 19 (57 _1 WDIT09 OF WAYNE CDiJPJTY ' 4 p lr. � lu Legal Descriptions 1700 Block East Main Street Owned by Franchise Realty Corporation A part of Lot Number 497 in the Official Map of the City of Richmond. Indiana, in the Northeast Quarter of Section 4. Township 13 North. Range 1 West. and a part of the Southeast Quarter of Section 33. Township 14 North. Range 1 West all being in the City of Richmond. 1•tdlena, and being more particularly described as followst Beginning at the northwest corner of said Lat 497 in the Official Map of the City of Richmond, Indiana, said point being the Intersection of the east line of South 17th Street with the south line of East Main Street, and running thence. from &aid beginning point. north 84 degrees and 32 minutes east, along the south tin* of said East Main Street and along the north line of said 1M. 148.17 feet to the north- east corner thereof; thence south 0 degrees and 06 minutes east, along the east Has of said lot. 160. 29 feet to the easternmost corner of said lot and the north line of a 16.00 foot wide public alley; thence north 89 degrees and 43 minutes west. along the north line of said alley and along the south line of said lot. 8.19 feet to a corner of said lot and a point on the west line of a 16.00 foot wide public alleys thence mouth 0 degrees and 07 minutes west, along the went line of said alley. and along east line of said lot. 04 feet to the sa,th line of a brick garages thence north 89 degrees and 53 minutes wept, along the south line of said brick garage, 20.40 feel to the south west corner of said garages thence north 0 degrees and 07 minutes east, along the west line of said garage. 29.80 feets thence north 86 degrees and 57 minutes west 119.09 feet to the west line of said lot and the east line of South 17th Streets thence north along the a&at line of said South 17th Street, and along the west -line of said lot. 179.08 feet to the place of beginning, containing an area of 0.630 mesas. 15 South 17th Street Owned by Dana Weigle Doing a part of Lot Number 497 in the Official Kip of the City of Richmond, Indiana, in the Southeast Quarter of Section 33. Township 14 north, Range 1 West in the City of Richmond, Indians, and being more particularly described as follows: Beginning aL a point in the west line of Lot Number 497 in the Official Nap of said City of Richmond, Indiana, said point being 94.00 feet Louth of the northwest corner of said Lot, said northwest corner being the intLraection of the south line of East Hain Street with the east line of South 17th Street and running thence, from said beginning point, south 89 de-ereeu and 39 minutes east, (assuming that the west line of said ',ot 497 runs north and south), 141,66 feet to a point on the east line of said Lot; thence south 0 degrees and OS minutes Ma along said east line, 51.29 feet to the easternmost corr#"st, of said Lot and the north line of a 110.04 foot wide pyblic alley; thence north 89 degrees and 43 min•ites Nest. along the -north line of said alley, and along the ;ouch line of uaid .�.t 8.10 feet to a cornef of said Lot and a point on the west line of a 16.00 foot wide public alley; thence south 0 degrees and 07 EXHIBIT A minutes west, along the west line of said alley, and along the east line of said Lot 497, 64.00 feet to the south line of a brick garage; thence north 89 degrees and 53 minutes west, along the south line of said garage, 20.40 feet to the south- west corner of said garage; thence north 0 degrees and 07 minutes east, along the west line of said garage, 29.80 feet; thence north 88 degrees and 57 minutes went 119.09 feet to a point in the west line of said '.ot 497 and the east line of said South 17th Street; thence north, along the east line of said South 17th Street, and along the west line of said Lot 497, 84,09 ; feet to the place of beginning, containing an area of 0.296 acrtts. 10-14 South 18th Street Owned by Dana C. Weigle and Jean L. Weigle, husband and wife 8e9inning on the west side of Eighteenth Street at a poan; two hundred seventy-nine (279) feet and six (6) incheb south of the center of Main streot in the City of Richmond In said County and State, which point is at the Northeast corner of Mrs. Hill's lot Number Five Hundred One (501) as shown by the Official Plat of the City of Richmond made and plated by the City Engineer now Or' file in the Recorder's Office of Wayne Couaaty, Indiana; thence north along 18th Street fifty-six (56) feet, more or less, to " an allay; thence went one hundred thirty-nine and forty-one hundredths (139.41) feet to an alley; thence south ..long the east side of said alley fifty-six (56) feet, more c.r Less, to the northwest corner of Mrs. Hill's said Lot Number Five Hundred One (501); thence east to the place of beginning, the same being Lot Number Five Hundred (500) as shown on said official Plat. 7 A part of the northeast qua -ter of :fiction 4 Township 1:l, Ran.;e 1 West, iu what was formerly Lincaen Hill, now a part of dw- Cily of Richmond. Indiana, bounded as folin%ig, to -wit; Beginning on the west side of South 18th Street formurly known ..s 15th Street as shown on a recordAd map Of roar. part . Linden Hill as laid out by John P. Smith and others and at a pain= 3(),q f.w;. south from the censer of Drain Street in the City of R'.'hmoad, the said beglnniiag point being .John W. Gift'� northeasL corner; thence north 30 feet; thence west parallel with said Gift's norrh line 150 feet to James Van bxem b cast line; thence south 36 feet to Gift's nor.thwe3t corner; Lnence east 150 feet to t1.e place of beginning„ excepting the rights of the public in an alley la+d out in the rear of said tract. Bea.ng the -.a.ne property as con- veyed by deed of Martha Barnard, unmarriar;, Ln said Trary is. Hill of date September L1� 1883, and of retard in teed Record 78, page 497, in she Recorder's Office of rain Vayne Lounr.y to which re- ference is here made-.. Said property is situated 3n what is now the west side of South 18th Street in said City of Richmond. Pdrt of the northaast quarter of section 4, township 13, range 1 west, bounded and described as follows, to -wit; Beginning at a point on the west line of South 18th Street which is 277 feet south of the south line of Main StLeat in the City of Richmond, upping t1;Wp�}; wa.L 130.41 feet more or less to the list 11he of 'a 16`f8ot'illey in the rear of said lot; thence south 42.5 feet; thence east 139.41 feet to the west line of South 18th Street; thence north 42.5 feet to the place of beginning, being tract No. 502 Of Official Map of the City of Richmond, Wayne County, Indiana. DOCK EASTrUS`A,Ny 40) ` 1Jo. O FrancF*i5B Reali•y Francl'�ise Real+y - COrpp�4�IOn [Or�Ord+lon D.R. 3 7 Z - 184 • a.R. 328 - 134 vi 1 p+. O. M. 497 O.M. 438 0.M. 499 LL Ld LLI Ld ,� W pC DC A. 457 Dana Weigle v' b 5 a9° 37' 3Z48. 1 5S. F+. (0,075 Ac.,) �I �' � d' Dcnc� C, Weigle '� M. 4`37 O.M. 500 M Smart:+a M. D,dley 2 D.R. 447- 471 291 34Z IG.o6 Zeman Rod Sa+ M N 89. 58 S5"N/ Dena G. Weigle Line 0• M. 561 4Z6 153 - ---0 No.+h Line AL1" �¢ Sec. 4.13•l D• R. - r^ O Dana C. WeD i-yle .R. 437--544- V) O.M. soz n SrP _ Rad Se+ e N s + O. M. 4-S6 b 5 as' ' 40"E 139.11n' o � 27aa- ss° , .p„� .0r. IePc.re) a C N Now+✓, L-1..e o.M. IA503 h 3� No+ch Fe„nd 1— Pipe F—d 1 S+&Phan S—les Q O.M. 503 Beari rt9s a e based on D. A 4ZZ- 533 5d Sow+l7 I8+h 5+reef being Nor+h nrtd Sauk 50 P I CL+ o� SuV- (ey NBeim zL pa. -+ o•F' Sou-Oleas+ puar-4-er o•(- Sec4'iorr 33, Towns rip 14 14ar-4h) ?range J we!;* and a. I—X-4 o-r *he No,4-4ea5+ puar+e-r o� Sera+iom 4•, Townsl•rip 13 A1or'1.1-7 Barre 1 Wes4 4LIJ �'n -J-he C; f'y o-r' R+c.✓-rrnond, Wayne Coun-i-y, =ndiarrra. Sohn �. Beals E. �. Reg. Surveyor No. 7955 7955 vTATE OF { /ryC71A�P V 9j� Jr Scale 1 "- 50' Q S(3 Dec. 14, f938 W. o. 1414P8 EXHIBIT B VACATION OF ALLEY LAND DESCRIPTION: (Outlined in red on the attached plat) Being a part of a 16.00 foot wide alley between South 17th Street and South 18th Street and between East..Main Street and South "A" Street, in a part of the Southeast Quarter of Section 33, Town- ship 14 North, Range 1 West all in the City of Richmond, Wayne County, Indiana,and being more particularly described as follows: Beginning at the southeast corner of Official Map 499 in the west line of South 18th Street, said point being 175.18 feet south of the point of intersection of said west line with the south line of East Main Street and being the northeast corner of said Lot Official Map 499; and running thence, from said beginning point, continuing south along the west line of South 18th Street, 16.00 feet to a point at the northeast corner of Official Map 500; thence north 89 degrees, 37 minutes and 25 seconds west, along the north line of said Official Map 500, 139.12 feet to the northwest corner of said Lot; thence south 00 degrees, 01 minutes and 25 seconds west, along the west line of said Lot, 47.84 feet to an iron rod set; thence north 89 degrees, 58 min- utes and 55 seconds west, 16.00 feet to a notch found in the west line of Official Map 497; thence north 00 degrees, 01 min- utes and 25 seconds east, along the west line of said Lot 497, 63.94 feet to a point; thence south 89 degrees, 37 minutes and 25 seconds east, along the south line of Lots Official Map, 498 and 499 , 155.11 feet to the place of beginning, containing an area of 0.075 acres (3248.1 square feet). This is to certify that the above description and the attached plat were prepared this 14th day of December 1988, from a recent survey, and are true and correct to the best of my knowledge and belief. BEALS SURVEYING CORPORATION By. John E. Beals Reg. Surveyor No. 7955 State of Indiana nY "tFST No. jsTASUFif EXHIBIT C William Frazer 19 South 17th Street Christopher King 19 1/2 South 17th Street Juanita Dudley 21 South 17th Street John Mejia 23 South 17th Street Marshal Smith 25 South 17th Street Stephen Surles and Charlotte Surles 28 South 18th Street Darrell Rutledge 36 South 18th Street Aurelia Stanley 36 South 18th Street Raymond D. Keller, Jr. and Donna Kay Keller 40 South 18th Street All of Richmond, Indiana J U L 13999 1 ��coRaEo - [WRORAH S. sWTH R.w.L EXHIBIT D CITY OF RICHMOND, OF RfC/y� 0 50 NORTH FIFTH STREET lj ylu'I� III * RICHMOND, INDIANA 47374 TELEPHONE t3171963-7241 ��'OIANP March 2, 1989 Mrs. Sally Hutton, President Members of Common Council and Ms. Mary Merchanthouse City Clerk Municipal Building, Richmond, Indiana 47374 FRANK H. WALTERMANN MAYOR DANIEL S. DOOLEY DIFIECTOR OF PLANNING. PERMITS AND INSPECTIONS Re: Ordinance No. 5-1989 Plan Commission Case PDP-89-1 Dear Mrs. Hutton, Members of Common Council and Ms. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, February 28, 1989, on the petition of Dana C. and Jean L. Weigle and Franchise Realty Corporation, Owners; Robert G. Burton, agent; requesting to vacate a portion of a sixteen foot (16') alley running west off of South 18th Street between East Main Street and South A Street. Fifteen (15) notices of public hearing were sent to the surrounding residents with none returned. During the public hearing no one spoke in opposition to the petition. The Plan Commission determined the public right-of-way is no longer for the future growth and development of the City; and that the vacation of said right-of-way will not deny access to any adjoining property by means of a public way. Therefore, the Plan Commission voted seven (7) to zero (0) to recommend that Ordinance No. 5-1989 be adopted. Repectfully submitted, Daniel S. Dooley Executive Secretary DISPOSITION OF ORDINANCE NO. �5� -198 % RESOLUTION NO. -198 by Common Council Drdinance No. S— Resolution No. _ Eistro Lundy Brookban Hankinson McBricq Parke Morris Paust Hutton Date Susp. rules Ist read Title only -------- Seconded - - - - - - --- 4— Proof of Publicaton v- ------------------ Seconded ------ -- ---- -- - - ---- ------ - - -- - - - - -- ------ - --- -- ------ �- ---- - --- - - Move to 2nd read C'1 ------- --- ---- Seconded ------- Engrossment ------------ - --- -- - - ---- - - - - -- -- - - - - -- - --------- ------ -- - --- v - - - - -- - -- --- ---- - - - - - - Seconded Susp rules 3rd read ------------------ Seconded ------ ------ -------- ---------- ------ ------ ------ ------ ---------- Passage ---------- R ------ -------- -------- --------- ------- ----- ------- ------ ---------- Rejection d Date Passed 3 - & -- P 9 COMMITTEE ASSIGNMENTS: Committee Da Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: