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Home My Public Portal About015-1989- VACATION- 15FT ALLEY RUNNING WEST OFF OF NORTH 6TH ST BETWEEN BRIDGE AVENUE AND NORTH D ST03 TO: THE COMMON COUNCIL OF THE CITY OF RICHMOND PETITION FOR VACATION OF PUBLIC ALLEY COMES NOW the Petitioner, RICHMOND BAKING COMPANY, and pursuant to the provisions of IC 36-7-3-12, represents to and respectfully petitions the Common Council of the City of Richmond, Indiana, as follows: 1. That the Petitioner, whose address is 520 North 6th Street, Richmond, Indiana, is the owner of real estate which abuts the public alley sought to be vacated. That the real estate owned by Petitioner in said Addition lies on the North and South sides of a certain public alley which runs in a westerly direction from North 6th Street in Richmond, Indiana. 2. That Richard E. Baumgartner is the Owner of real estate shown on Exhibit "A" which real estate is on the West side of said public alley. That the said Richard E. Baumgartner resides at 549 Meadowbrook Lane, Richmond, Indiana 47374. 3. That Petitioner desires to vacate said public alley, which alley said Petitioner desires to vacate is more specifically described as follows: See Exhibit "B" attached. 4. That Petitioner desires to vacate said alley in order that its vacated portion of the alley may be used to build thereon a building for the expansion of its business. 5. That Petitioner will give and grant to Richard E. Baumgartner a perpetual easement in and over its property so that Richard E. Baumgartner and his successors in title will have vehicular access to North 6th Street from his property. Further, Petitioner will agree to maintain said easement as it will be used by both the Richard E. Baumgartner property and the Petitioner. 6. That Petitioner states that the alley above described is not necessary to the growth of the City of Richmond; that the vacation of the same would not cut off the public's access to any church, school or other public building or grounds. 7. That Petitioner has contacted all affected utility services located in said area proposed for vacation. That Petitioner acknowledges that said proposed vacation should be conditioned upon the preservation of the presently existing utility easements and rights of way. WHEREFORE, the Petitioner respectfully requests that a public hearing be conducted on its petition for the vacation of the aforementioned public alley and that thereafter the Common Council of the City of Richmond vacate said public alley, all in accordance with the manner prescribed in IC 36-7-3-12 and IC 5-3-1-1, et seq. day cf----- .. _ 9 E 2 i, 44db AUDITOR Of VVAVNE COUNTY Respectfully submitted, RELLER, MENDENHALL, KLEINKNECHT & MILLIGAN By a �� W� f, n (William H. Re er) Attorneys for Petitioner 2 North 8th Street Richmond, IN 47374 Telephone: 962-1541 003927 ORDINANCE NO. 15-1989 A�AYI, _ ' r r� E � W L' REORDER #89 JUL 13 PM 3 04 AN ORDINANCE VACATING A CERTAIN PUBLIC WAY WITHIN THE CITY OF RICHMOND, INDIANA BEING A FIFTEEN FOOT (15") ALLEY RUNNING WEST OFF OF NORTH 6TH STREET BETWEEN BRIDGE AVENUE AND NORTH D STREET. WHEREAS, Richmond Baking Company has petitioned the Common Council of the City of Richmond, requesting to vacate a certain fifteen foot (15') alley; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the-.LLS-'—day of 7n�� ,1989, at which time remonstrances were heard from all parties interested in or affected by this Ordianance; and, cr��mcca% WHEREAS, the vote of the Richmond City Plan Commission was to in favor of/i recommending the passage of Amended Ordinance No. 15-1989. 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: Being a part of the Southeast Quarter of Section 32, Township 14 North, Range 1 West in the City of Richmond, Wayne County, Indiana, and being more particularly described as follows: Beginning at a point of intersection of the west line of North Sixth Street with the south line Official Map Lot 113 and being the southeast corner of Lot 113 and the Richmond Baking Company building, said point also being 529.70 feet north 5 degrees, 57 minutes and 10 seconds east of a point of interseciton of the west line of said North Sixth Street with the north line of North D Street and running thence, from said beginning point, south 5 degrees, 57 minutes and 10 seconds west, along the west line of said North Sixteh Street and the east line of a public alley, 15.05 feet to a point at the southeast corner of said alley and the northeast corner of Offical Map Lot 114; thence north 88 degrees, 40 minutes and 30 seconds west, along the south line of said alley and the north line of said Lot 114, 300.78 feet to the west line of said Richmond Baking Company tract; thence north 1 degree, 33 minutes and 55 seconds east, along the west line of said Richmond Baking Company tract, 15.00 feet to a point at the northwest corner of said alley and the south line of said Lot 113; thence south 88 degrees;,40 minutes and 30 seconds east, along the south line of said Lot 113 , along the south line of said Richmond Baking Company building, and being the north line of said alley, 301.94 feet to the place of beginning, containing an area of 0.104 acres. Ordinance 15-1989 Page 2 SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, thisLLday of 1999. President of Common Council ATTEST; City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this oSa day of ,1989. City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of t,1989. wlt-) Mayor ATTEST:�� City Clerk Subscribed and sworn to before me, City Clerk of the City of Richmond, Wayne County, indip7a this 5th clay of April, 1989. 1 Miary M cha thou�ty Clerk Resident of Wayne County Jr? exoa res : 12-31-91 Duty entered for taxation this 13 day of f 9 AUDITOR OF WAYNE COUNTY This i_nstrmen.t prepared by Kenneth.E. Barden, Attorney at T,aw. EVIDIT i, Real estate situate in -Wayne County, Indiana, to -wit: Beginning'at the center of a corner stone marked "X" which is located by running north along the west line of North Sixth Street 430.13 feet from the intersection of the north line of North "D" Street and the west line of.;said North Sixth Street'.as now laid out in the City of Richmond, and 85 degrees and,16 minutes west a distance of 303 feet from the west line of said North sixth Street;' thence from the center of said cornerstone north parallel with and a distance of 44.2 feet from the west line of a brick building now situate on the land. from which this real estate was conveyed by The W. H. Hood Company to this grantor, a distance of 121.2 feet to the north line of said real estate of said The W. H. Hood Company; thence west along what is now the north line of real estate of said Corporation a distance of 12-1/2 feet to the right of way of the Chespeake & Ohio Railway Company of Indiana; thence in a southwesterly direction along the east line of said right of way of said Chesapeake & Ohio Railway Company of Indiana a distance of 164.5 feet, more or less, to the point where the south line of the land of said The W. H. Hood Company now intersects with the said east line of said right of way of said Chesapeake & Ohio Railway Company of Indiana; thence east a distance of 115 feet more or less to the place of beginning. ALSO the following parcel of land in said County, as follows: Beginning h along the center of a cornerstone marked X which Is located by running the west line of North Sixth Street 430.13 feet from the intersection of the north line of :worth "D" Street and the west line of said North Sixth Street, as now laid out in the City of Richmond, and 85 degrees 'and 16 minutes west a distance of 303 feet from the west line of said North Sixth Street; thence from the center of said corner stone south parallel with and 50 feet west of the west wall of a brick building formerly known as Building Number 5-A and 5-B of the Guar -Scott properties, a distance of 64 feet, more or less, to a corner stone located in the north might of way line of the Pittsburgh, Cincinnati, Chicago & St. Louis Railroad Company; thence in a northwesterly direction along the said . right of way line of said railroad company a distance of 135 feet, more or less, to the east right of way line of the Chesapeake & 03iio Railway Company of Indiana, thence in a northeasterly direction along said right of way line of said Chesapeake & Ohio Railway Company of Indiana a distance of,10-feet more or less, to the intersection point of said right of way line with the north line of the real estate formerly owned by Omer.G. Whelan, and conveyed by him to Tennessee Furniture Corporation; thence east a distance of 115 feet more or less to the place of beginning. Being a p �A -� art of the Southeast Quarter of section 32 Township - 14 North, Range 1 West in the City of Richmond, Wayne County, %;',Indiana, and being more particularly described as follows:. Beginning at a point of intersection of the west line of North Sixth Street with' -the south line Official Map Lot 113 and .being the'southeast'cofner of Lot 113 and the Richmond Baking, Company building, said point also being 529.70 feet north 5 degrees; 57 minutes and 10 seconds east of a point of intersection of the west line of'said'North'Sixth Street with the north line of North D Street, and running thence, from said beginning point, south 5 degrees, 57 minutes and 10 seconds west, along the west line of said North Sixth Street and the east line of a public alley, 15.06 feet to a point at the southeast corner of said alley and the northeast corner of Offical Map Lot 114;~ thence north 88 degrees, 40 minutes and 30 seconds west, along 'the south line of.said alley and the north line of said Lot 114, 300.78 feet to the west line of said Richmond Baking Company tract; thence north 1 degree, 33 minutes and 55 seconds east, along the west line of said Richmond Baking Company tract, 15.00 feet to a point at the northwest corner of said alley and the south line of said Lot 113; thence south 88 degrees, 40 minutes and 30 seconds east, along the south line of said Lot 113, along the south line of said Richmond Baking Company building, and being the north line of said alley, 301.94 feet to the place of beginning, containing an area of 0.104 acres.. SUBJECT TO: Any easements of record. WORDED 16) U L SWITH R NN-t, __�' _6 ii P m 0 F6 32-230 EXHIBIT "B-1" / / e .> c� / *o (0. M. 97) � 2 rO7_J IHOLLINGS- \ '.,� N / OWNERSHIP \ , _ UNKNOWN, LAST �( DEEDED OWNER J (O -lIOJ I(O.M.///,A (Ow 112) I(/J \ NOAH LEEDS / --- I !' ADDN. / I 1 / r — J J ro.M.1/31 - J / / 4 J — (O.M. //4J El/ \ Rq,CRogo . I I ' - �\------ -- r _ _ /21%lJ (OJi(9)f(8)'(7)i �(6)"(5) r(4J� G3/�(2JIr(U 7x� ( I City L _L_! _�-1 Ira —1---------- r----- --I i I i i i C, I (/6J I i(9J I (9)i (/J I ---- �---------J E--------- L--------- /7J o j (/9J (201 I r (2'J j 722 IJr(23J I(241 Li i (25J T 126J j 127J J� /2J + I I i I 1493 Ac. I I IDIN� I I I � 7- DISPOSITION OF ORDINANCE NO. 1- .198 !' RESOLUTION NO. -198 by Cornmon Council Ordinance No.� Resolution No. _ Elstro Lundy Brookban Hankinson McBrica Parke Hutton Paust Morris Date -9-e2o �9 Susp. rules Ist read Title only --- Seconded ------ ------ -------- ---------- ------ ------ ------ -- ---- ---------- Proof of Pubiicaton v --- Seconded ----- ---- - -------- ---------- ------ ------ ------ ____ ---------- Move to 2nd read - -- ------ Seconded ---- -- - - ---- ------- - - ------ ------ ------ --------- Engrossment ----------- ------ c/ Seconded ------ ----- --- ---------- ------ ------ ------ ------ ---------- v Susp rules 3rd read ------------------ ------ ------ -------- --- ----------- ------ ------ Seconded ------ Passagev ----- ------ Rejection a..... ------- - .......... Date Passed COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: