HomeMy Public PortalAbout024-2013 - Vacation -vacating a utility easement - Hunters Poin2013006091 ORDINANCE $17.00
07/09/2013 10:35:55A 4 PGS
Debra S Tiemann
Wayne County Recorder IN
Recorded as Presented
II IIIlilll IIII Ilillll II Ill1II I IIIIIIIIII ! I IIII II
ORDINANCE NO.24-24I3
A SPECIAL ORDINANCE VACATING A UTILITY EASEMENT
WHEREAS, Thomas M. Greyson and Kristen G. Greyson, by their agent, Gordon Moore of
Beals -Moore & Associates, Inc., has petitioned the Common Council of
Richmond, Indiana, requesting a portion of a platted, but unused, utility easement
at 0 Eagle Trace and 3502 Eagle Trace, both in Richmond, Indiana. A copy of a
map and legal description showing the area containing the easement to be vacated
is attached hereto as "Exhibit A"; and
WHEREAS, the only abutting landowner is as follows:
(a) Thomas M. Greyson and Kristen G. Greyson, 0 Eagle Trace and
3502 Eagle Trace, Richmond, Indiana, 47374); and
WHEREAS, Common Council, pursuant to Indiana%(dtay,
§ 36-7-3-12 and § 36-7-3-16,
conducted a public hearing on said petitio , 2013, after
publishing legal notice thereof at least ten dvance of said hearing as
required by statute; and
WHEREAS, the Richmond Advisory flan Commission conducted a public hearing on said
petition May 23, 2013, after publishing legal notice thereof at least ten (10) days
in advance of said hearing; and
WHEREAS, it is desirable to vacate said utility easement.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond,
Indiana, that the utility easement on the real estate described in attached Exhibit A is hereby
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vacated and that ownership of such land shall vest in the abutting property owner.
Passed and adopted this day o 2013, by the Common Council of the City
of Richmond, Indiana.
President
4�Lpar
A ST:
(Karen Chasteen, IAMC, MMC)
PRESENTED to the Mayor of the City of Richmond, Indiana, this day of ,
2013, at 9:00 a.m.
s
(Karen Chasteen, IAMC, MMC)
APP R VED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this day
2013, at 9:05 a.m.
Mayor
(Sarah L. Hutton)
AT ST: ell
aren Chasteen, IAMC, MMC)
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law: Kimberly A. Vessels
EXHIBIT _PAGE_] O=
VACATION PETITION NO.
A PETITION TO VACATE A 10.00 FOOT WIDE UTILITY EASEMENT
Comes now the owners of the real estate abutting a dedicated Easement more particularly
described herein and, pursuant to Indiana Code § 36-7-3-12, petition for vacation of said dedicated
Easement.
The dedicated Easement to be vacated is outlined in red on attached Exhibit B and is described as
follows, to wit:
Situated in the Northeast Quarter, Section 10, Township 14 North, Range 1 West, City of Richmond,
Wayne Township, Wayne County, Indiana, being parts of Lot 106 and Lot 107, in Hunters Pointe Section
Five, as recorded in Plat Book 16, Page 200, in the Wayne County Recorder's Office, being the vacation of
a 10.00 foot wide Utility Easement and being more particularly described as follows:
Commencing at the northwest corner of said Lot 106;
thence South 54'04'59" East (bearings are based upon the recorded Plat of Hunters Pointe Section Five)
8.63 feet along the northeasterly line of Lot 106, to the POINT OF BEGINNING for the easement to be
vacated;
thence South 89°29'57" East 8.63 feet;
thence South 54°04'59" East 176.17 feet along the northeasterly line of said easement;
thence along the westerly right-of-way of Eagle Trace, along a curve, to the left, having a radius of 50.00
feet, an arch distance of 10,02 feet, having a chord bearing South 35°54'57" West 10.00 feet;
thence North 54'04'59" West 182.14 feet along the southwesterly line of said easement;
thence North 0010'03" East 4.69 feet;
thence South 89'29'59" East 2.03 feet, to the point of beginning and being the end of the casement to be
vacated, as shown on Drawing No. B-2742, dated 23 April 2013.
reasons:
The undersigned believes that the above described Easement should be vacated for the following
(a) The subdivision was platted in 1990.
(b) The easement to be vacated has never been used for installation and maintenance of utilities.
(c) There are existing easements along all remaining lot lines of Lot 106, and Lot 107, which may
be used for installation of utilities if needed.
(d) The vacation of the easement will not impact surrounding properties or hinder future growth
in the neighborhood.
The owner of land that abuts the easement to be vacated is as follows:
Thomas M. Greyson & Kristen G. Greyson, 3502 Eagle Trace, Richmond, Indiana 47374
Wherefore, the undersigned owner requests that the City of Richmond Common Council adopt an
ordinance vacating said easement. - ' n
Before me the undersigned, a Notary Public in and for the�County,
State of Indiana, personally appeared Ot 0
and acknowledged the execution of the foregoing instrument this day of 20 13
Notary Public / WLYC a - A —
My commission expires U
Thomas M. Greyson Kristen G. Greyson
By:
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