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HomeMy Public PortalAbout025-1989- VACATION - PUBLIC ALLEYS;12FT WIDE ALLEY AND 8FT WIDE ALLEY RUNNING SOUTH OF SOUTH G ST BETWEEN SOUTH 6TH AND 7TH STBOX�PAGE.j ORDINANCE NO. 25-1989 AN ORDINANCE VACATING TWO (2) PUBLIC ALLEYS WITHIN THE CITY OF RICHMOND, INDIANA, BEING A TWELVE (12) FOOT WIDE ALLEY AND AN EIGHT (8) FOOT WIDE ALLEY, SAID CONTIGUOUS ALLEYS RUNNING SOUTH OFF OF SOUTH G STREET BETWEEN SOUTH 6TH AND SOUTH 7TH STREETS. WHEREAS, Color Box, Inc., Larry E. and Maureen Hicks, Larry and Kimberly Alvey, and Donald and Mary Ann Dann, have petitioned the Common Council of the City of Richmond, requesting to vacate two (2) contiguous public alleys; and, WHEREAS, the Common Council, pursuant to the provision of I.C. 36-7-3- 12, conducted a public hearing on said vacation petition onS-1. — 1989; and, WHEREAS, a study of the Ordinance was conducted by the Richmond City Plan Commission on theL.Ldday ofQ 1989, 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 wasto_ in favor of/in eppesitien--to recommending passage of Ordinance No. 25-1989. 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 12.00 foot wide alley dedicated with the Weirhakes Subdivision and 8.00 foot off of the west side of Lots 6,7,8,9,10,11,and 12 in Weirhakes Subdivision as recorded in Plat Book 7, page 103 in the Wayne County Recorder's Office, for a total of a 20.00 foot wide alley to be vacated, and being more particularyly described as follows: Beginning at a point in the south line of South "G" Street at the point of intersection with the east line of said 20.00 foot wide north and south alley, said point being 8.00 feet north 89 degrees, 37 minutes and 00 seconds east of the northwest corner of Lot 6 in said Weirhakes Subdivision, and running thence, from said beginning point, south, parallel to the west line of said Lots 6,7,8,9,10,11, and 12 and parallel to the west line of said alley, 292.00 feet to a point at the southwest corner of Lot 12 in said Subdivision, said point being 8.00 foot east of the southwest corner of said Lot 12; thence west, along the extension of the south line of said Lot 12, 15.24 feet to a point on a curve in the northeastward right-of-way of the Chesapeake and Ohio Railway Company and being 30.00 feet radially from the centerline of the main tracks of said Railway; thence along the curve in said right-of-way and being 30.00 feet radially from the centerline of said main tracks, having a 1176.28 foot radius curve to the left, a chord which bears north 28 degrees, 19 minutes and 45 seconds west, a distance of 10.03 feet to the point of intersection of the extension of the west line of said alley and the east BOOK6PACE line of Lot 1,2,3,4 and 5 in said Subdivision; thence north, along the extension of the west line of said alley and the east fine of said Lots, and along the west line of said alley and the east line of said Lots, and along the extension of the west line of said alley and the east line of said Lots, 283.04 feet to the northwest corner of said alley and a point in the south line of said South "G" Street; thence north 89 degrees, 37 minutes and 00 seconds east, along the south line of said Street, 20.00 feet 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. President of Common Council ATTEST:fl�rr���G�+��� City Cle k PRESENTED to the Mayor of the City of Richmond, Indiana, this /5' day of 222 1989. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this / 7 a day of 1989. Frank H. Warteemann, Mayor., Lo ATTEST: City tlerk, n STATE OF INDIANA SS: cn rn COUNTY OF WAYNE Subscribed and sworn to before me, City Clerk of the City of Richmond, Wayne County, Indiana this %%d day of�� 1989. Mary M rcha house, City Clerk �'` Resident of Wayne County fJ '--My tet�a expires: /.2 ,3/- 9/ This instrument prepared by Kenneth E. Barden, Attorney at LawPUty entered for taxation thia6 day of 19 ,99 (JAI& AUDITOR OF WAYNE COUNTY. BEFORE THE COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION OF COLOR BOX, INC.; LARRY E. HICKS AND MAUREEN HICKS, HUSBAND AND WIFE; LARRY ALVEY AND KIMBERLY S ALVEY, HUSBAND AND WIFE; and DONALD DANN AND MARY ANN DANN, HUSBAND AND WIFE PETITION FOR VACATION OF ALLEY Come now the petitioners herein, Color Box, Inc., Larry E. Hicks and Maureen Hicks, husband and wife, Larry Alvey and Kimberly S. Alvey, husband and wife, and Donald Dann and Mary Ann Dann, husband and wife, 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 that certain real estate located generally at 701, 703, and 705 South 6th Street, Richmond, Indiana, and 623 South G Street, Richmond, Indiana, and lot to the east of South 6th Street, being more particularly described as follows, to -wit: See Exhibit A attached hereto 2. The petitioners own all real estate adjoining the alley as described at Exhibit B, which is attached hereto and made a part hereof. 3. Petitioners hereby request the Common Council to vacate said alley, the plat and legal description of which are attached hereto as Exhibit B. 4. Petitioner, Color Box, Inc., owns and operates a major industrial facility on the real estate to the east of the alley proposed to be vacated. Petitioners, Larry E. Hicks and Maureen Hicks, husband and wife, Larry Alvey and Kimberly S. Alvey, husband and wife, and Donald Dann and Mary Ann Dann, husband and wife, have entered into purchase agreements to sell their real estate and improvements thereon to Color Box, Inc., subject to certain contingencies, one which is the vacation of alley set out at Exhibit B. Color Box desires, and in fact, must expand it's facility and would utilize the additional real estate for purposes of parking and possibly new construction. 5. The owners and addresses of all land abutting said alley proposed to be vacated are as follows: petitioners, Color Box, Inc., 623 South G Street, Richmond, Indiana 47374; Larry E. Hicks and Maureen Hicks, husband and wife, 4430 U.S. 27 North, Richmond, Indiana 47374; Larry Alvey and Kimberly S. Alvey, husband and wife, 705 South 6th Street, Richmond, Indiana 47374; and Donald Dann and Mary Ann Dann, husband and wife, 617 Chelsea Way, Richmond, Indiana 47374. 6. The only other property owner that would appear to have any interest in said alley proposed to be vacated is Chesapeake & Ohio Railway -Company, 300 N. 3rd St., Richmond, IN 7. Public Utilities who may have an interest in said alley have no objection to this vacation. BtlO 16P- f XH);IIT "An Part Southeast Quarter Section 5, Township 13 North, Range 1 West, and Part Lots 6 through 12 and all Lots 13 through 19 in Wierhake Addition and Parts Lots 5, 6 and 7 in Daniel Burgess Outlots described as follows: Lots numbered 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 in the Wierhake Subdivision of Lot number 159 in the Schwegman Addition and a part of Lots numbered 7 and 8 in Christian Schwegman's outlots in the City of Richmond. EXCEPTING THEREFROM the following described tract or parcel of land, towit: A strip of land eight (8) feet in equal width off the entire west sides of Lots #6 to #12 both inclusive, in Wierhake's Subdivision of Lots numbered 7, 8, and 159 in Schwegman's Addition to the City of Richmond and heretofore dedicated to the City of Richmond for the purpose of widening; a proposed alley, which dedication Is known and designated on the books of said city as Resolutioh #1-1926. ALSO, part of outlots numbered 5 and 6 in.the Plat of Outlots laid out by Daniel Burgess in the Southeast Quarter of Section 5, Township 13, Range 1 west now a part of the City of Richmond and described as follows, towit: Beginning at the Northwest corner of said Lot #6; thence east along the north line of said Lot #6 and continuing on the ;forth line of said Lot 95 to a point 27-1/4 feet, more or less, east of the northwest corner of said Outlot #5, being the west side of a 13 foot alley; thence south along the west side of an alley 13-1/3 rods to the south line of said Outlot #5; thence west on the south line of said outlots #5 and #6 a distance of 135 feet; thence north to a point which is 6 rods 19-1/2 links south of the north line of said Out -lot #6; thence west to the west line of said Outlot #6; thence north along the west line of Lot 6 rods 19-1/2 links to the place of beginning. ALSO, a part of the Southwest portion of Outlot d6 of Burgess' Outlots to said City, viz: Beginning at a point in the North line of South "11" Street which is 387.25 feet east of the intersection of the east line of South 6th Street with the North line of South "H" Street, said point being also 30 feet radially in a northeasterly direction from the center line of the present main track of the Chesapeake and Ohio Railway; thence northwest- wardly with a curve to the left having a radius of 1176.28 feet, concentric with and 30 feet distant radially from the center line of said tract 113.5 feet, more or less, to a point in the line between said Railway Company's right of way and the property of the grantee herein, which said point Is 5.11 feet east of the west line of said-Outlot 1/6 hereinbefore mentioned; thence east on said right of way line parallel with and 107.2 feet ,forth of the north line of South "H" Street 88.8 feet- to a corner of said right of way line; thence south with said right of way line and parallel with the west line of Outlot #6, 107.2 feet to the north line of South "H" Street; thence west on the north line of Mouth "H" Street 50.95 feet to the point of beginning; and con- taining, 0.172 acre', more or less, and being; a part of the right of way conveyed by Hanna M. Imhoff by Warranty Deed dated January 23, 1901 and recorded in Vol. 1111 page 543, also by Bernadina Imhoff by Warranty Deed dated January 23, 1901 and recorded in Vol. 114 page 542 in Wayne County, Indiana Deed Record to the Cincinnati, Richmond and Muncie Railroad, a predecessor in title to the Chesapeake & Ohio Railway Company. • BOOK 16PAGE ALSO, a part of the Northeast portion of Outlot #7 of Burgess' Outlots to said City viz: Beginning at a point in the east line of said Outlot #7, 120.34 feet north of the north line of South "H" Street, said point being also 30 feet radially in a northeasterly direction from the center line of the present main track of the Chesapeake & Ohio Railway; thence northwestwardly with a curve to the left having a radius of 1176.28 feet concentric with and 30 feet distant radially from the center line of said track 110.48 feet, more or less, to a point in the north line of said Outlot 117; thence east on the north line of Outlot //7, 118.2 feet to the northeast corner of said Outlot; thence south on the east line of said Outlot N7, 99.66 feet, more or less, to the point beginning and containing 0.055 acre, more or less, and being a part of the right of way conveyed to the Cincinnati, Richmond and Muncie Railroad, a predecessor in title to the Chesapeake & Ohio Railway Company from Harmon Marting by Warranty Deed dated November 10, 1900 and recorded in Vol. 114 page 96 Wayne County, Indiana Deed Record. 800, PAGE EXHIBIT A The following described real estate situate in Wayne County, State of Indiana, to -wit: Comalenclnl; on the uast line of SOUth Sixth Street, 52 feat south from the InterSeCLIon of the South line or South "C" street and the east line of said South Sixth Street: runninll thence South 81 degrees 9 atluutes east. 140 feet to a stake; thence south 19 degrees 17 minutes west, parallel with Chu east liue of Bald South Sixth Street 52 feet to a stake; thence North 81 degrur.s 9 minute<. went. 140 feet to a stake tel the east line of s;itd South Si::th Street; thence North 19 degrees 17 minutes Gast, along the cast line of said SaUth Sixth Street 52 feet Lo the place of beginning, Containing .0154 of an ar.re. ALSO known as Lot Number 5 to the Wlerhake Subdivle:'"n i1c shown by the flat Ilook Number 7, page 179. BGGK, PAGE ll5 EXHIBIT A The following described real estate situate in Wayne County; State of Indiana, to -wit: A part of lot number eight (D) of certain out lots laid out by Christian schwegman in the southeast quarter of Section (5) Township (13) Range (1) West, more particularly described as follows, to -wit: Beginning at a stake in the'SouLh side of South "G" Street and in the East side of South Sixth Street; thence south'19 degrees west along the east• line of said Sixth street fifty=two (52) feet; thence due east one Hundred and twenty (120) feet; thence north 19 degrees east fifty-two (52) feet to the south side of said "G" street; thence west along the south side of said "G" Street one hundred and twenty (120) fr_.et to the place of beginning. Now a part• of the City of Richmond, Indiana. BOOS 6PAG(I Y3 EXHIBIT A The following described real estate situate in Wayne County, State of Indiana, to --wit: Being a part of Lots Numbered 1, 2, 3, and 4 In Wlerhake Sub-divirjlon as the same Is shown of record In flat D.)ok 3, page 139,. Wayne County, Indiana, Pecorear's Office, viz: Beginning at tho southeast. corner of Lot al In iald Wlerhake Sub-divla Lon on the north line of a pi Nate 12 foot a�4.7; thence wcat w1a the.aoutlj•lino, of said Lot 111; 1.8 feet ton . poirt Atich ,.to 3U rcet'7 ydl ,ily, )d inorthcaster ly`.direc;tion from'thc.:.- ccntcrllne of the prOlc m mnln t'rt"°of the Chesapeake and Oblo llnllway; thence nor•drxestwo rdly across salicid loth numbered 1:, :2, 3 and 4.Wlth a' curve to the left hating a t udittx. Af '1176.28.fcct,':coricentric with 'and 30 : r, feet distant radially from tht:.cc&Ecrltnt of.said tra�k,.1'65.7 fcct-,imdre.• or l: ne, to a mint v411ch la oiotiltc the tangent polnt'afsald,tznc continuing northwestwardly'pa.rallel'with'and 30 feet'frotn the cc4�+�[lno of said track 48.2 feet; more or loss', to the north llna: f•eald '-cc 4U., ;. thence easterly with the.north [too o1'aald Lot 94"121.'y3'icc1i to thC'north.- cant corner of sild lot; thence south,'.. along the ea©t'eaa of lots.*mbdred 4, 3, 2, and 1. 158 fdet to the. polnt of bcglnnlng`aiid•noittixining.0.22'acrc; mr,rc or less, together with the right In and to the pravatc.allCyt6vtn of said Lot 41, hc:ing a part of the land dericribcd In warranty 'decd to,thc Cincinnati, Richmond & Muncie Railro4d,a predecc.tjor In'tide ro the Chesapeake and Ohlo Railway Co. , from Henry Winrheke dated Nov. 5, 1900. recorded. in Vol. 114, page 95; from Henry IV. Dlomeyer, dated Novertilvr 6, 1900, recorded In Vul. 114, page 9A; and from A. W. D11ckwedel, and ux. , dated Novcmbc.r 6, 1900, and recorded- In Vol. 114. page 94; all of Wayne County, Indiana Deed Records.' 1114 BOOK PACE 50AJT-0 IrtR ALLEY Wiry 74AT -SbOK 7 TIAC64F J03 W--/R"A.K.ES -4ARey v ,",,A.Lv.cy .4 -485 Q 00 d .3 Z 1.2.6. IL -RitePAR4SO € C--RTIFIF-10 1;SY v Mjqr>(4)4A 473711 (317) c)&Rz—J623 V 0!� /0 AFlziL- l98l1 !scA"L'ff I "- -5-0 A' -A, C. 7955 STATE OF su. EXHIBIT B - PAGE 1 .� BOOK PAGE VACATION OF ALLEY DESCRIPTION: (Outlined in red on the attached plat) Being a 12.00 foot wide alley dedicated with the Weirhakes Sub- division and 8.00 foot off of the west side of Lots 6, 7, 8, 9, 10, 11, and 12 in Weirhakes Subdivision as recorded in Plat Book 7, page 103 in the Wayne County Recorder's Office, for a total of a 20.00 foot wide alley to be vacated, and being more particularly described as follows: Beginning at a point in the south line of South "G" Street at the point of intersection with the east line of said 20.00 foot wide north and south alley, said point being 8.00 feet north 89 degrees, 37 minutes and 00 seconds east of the northwest corner of Lot 6 in said Weirhakes Subdivision, and running thence,from said beginning point, south, parallel to the west line of said Lots 6, 7, 8, 9, 10, 11, and 12 and parallel to the west line of said alley, 292.00 feet to a point at the southwest corner of Lot 12 in said Subdivision, said point being 8.00 feet east of the southwest corner of said Lot 12; thence west, along the extension of the south line of said Lot 12, 15.24 feet to a point on a curve in the northeastward right-of-way of the Chesa- peake and Ohio Railway Company and being 30.00 feet radially from the centerline of the main tracks of said Railway; thence along the curve in said right -of --way and being 30.00 feet radially from the centerline of said main tracks, having a 1176.28 foot radius curve to the left, a chord which bears north 28 degrees, 19 minutes and 45 seconds west, a distance of 10.03 feet to the point of intersection of the extension of the west line of said alley and the east line of Lot 1, 2, 3, 4, and 5 in said Sub- division; thence north, along the extension of the west line of said alley and the east line of said Lots, and along the west line of said alley and the east line of said Lots, and along the extension of the west line of said alley and the east line of said Lots, 283.04 feet to the northwest corner of said alley and a point in the south line of said South "G" Street; thence north 89 degrees, 37 minutes and 00 seconds east, along the south line of said Street, 20.00 feet to the place of beginning. This is to certify that the above description and the attached plat were prepared this loth day of April 1989, from a recent survey, and are true and correct to the best of my knowledge and belief. 2 yl SEALS SURVEYING CORPORATION By: John FE Beals Reg. Surveyor No. 7955 E. i State of Indiana STEP O t� W/O 14309 �a, 7955. gT ATE of (: f�1DiPNP ��� 3Ut� I q, •, EXHI13XT B� PANGE 2 RECORDED AUG 15 1989 DE 0, h S. SMITH RAC BEFORE THE COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION OF ) COLOR BOX, INC.; LARRY E. HICKS ) AND MAUREEN HICKS, HUSBAND AND ) WIFE; LARRY ALVEY AND KIMBERLY S. ) ALVEY, HUSBAND AND WIFE; and ) DONALD DANN AND MARY ANN DANN, ) HUSBAND AND WIFE ) INTER -OFFICE MEMO DATE: April 13, 1989 To: Common Council FROM: Dan Dooley SUBJECT: Ordinance No. 25-1989 COPY TO: Petitioner: Color Box, Inc., Larry and Maureen Hicks, Larry and Kimberly Alvey, and Donald and Mary Ann Dann Request: to vacate 2 contiguous public alleys to enable Color Box, Inc to expand its facilities for a new building and parking lot Location: the alleys are located off of South G Street running south between South 6th and 7th Streets STATE OF INDIANA ) SS: COUNTY OF WAYNE ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Larry E. Hicks, Maureen Hicks, Larry Alvey, Donald Dann, and Mary Ann Dann, who acknowledged the execution of the foregoing Petition For Vacation Of Alley to be their voluntary act and deed. WITNESS, my hand and official seal this Wtl- day of I�{1L�U 1989. ( SEAL ) Notary Public Residing in Wayne County, Indiana My Commission Expires: �A-C3-) STATE OF SS: COUNTY OF ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named Kimberly S. A1vey, who acknowledged the execution of the foregoing Petition For Vacation Of Alley to be her voluntary act and deed. WITNESS, my hand and official seal this day of , 1989. (SEAL) ( ), Notary Public Residing in County, My Commission Expires: 8. 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. 9. 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. Respectfully submitted this day of April, 1989. COLOR BOX,, INC. BY, yw mid arr E. Hicks �z,-�� L L 2 Maureen Hicks a L Larry lvey a J aey1 �' a r 1<< M b0 �Y Kim ly S Alvey Donald Dann filar An 6 Dann STATE OF INDIANA ) ) SS: COUNTY OF WAYNE ) Before me, the undersigned, a Notar,yy Public in and for said County and State, personally appeared P,K- &ioeli the NJ P)ar,a w of Color Box, Inc., an Indiana corporation, who executed the foregoing Petition For Vacation Of Alley pursuant to authority granted in a duly adopted resolution of the Board of Directors of said corporation, and acknowledged the same to be his voluntary act and deed and the voluntary act and deed of said corporation. WINTESS my hand and seal this 10'�' day of , 1989. (SEAL) ( obi (\,b, r;cc- ) , Notary Public Residing in Wayne County, Indiana My Commission Expires: VACATION OF ALLEY n7_grRTATTnN . (Outlined in red on the attached plat) Being a 12.00 foot wide alley dedicated with the Weirhakes Sub- division and 8.00 foot off of the west side of Lots 6, 7, 8, 9, 10, 11, and 12 in Weirhakes Subdivision as recorded in Plat Book 7, page 103 in the Wayne County Recorder's Office, for a total of a 20.00.foot wide alley to be vacated, and being more particularly described as follows: Beginning at a point in the south line of South "G" Street at the point of intersection with the east line of said 20.00 foot wide north and south alley, said point being 8.00 feet north 89 degrees, 37 minutes and 00 seconds east of the northwest corner of Lot 6 in said Weirhakes Subdivision, and running thence,from said beginning point, south, parallel to the west line of said Lots 6, 7, 8, 9, 10, 11, and 12 and parallel to the west line of said alley, 292.00 feet to a point at the southwest corner of Lot 12 in said Subdivision, said point being 8.00 feet east of the southwest corner of said Lot 12; thence west, along the extension of the south line of said Lot 12, 15.24 feet to a point on a curve in the northeastward right-of-way of the Chesa- peake and Ohio Railway Company and being 30.00 feet radially from the centerline of the main tracks of said Railway; thence along the curve in said right-of-way and being 30.00 feet radially from the centerline of said main tracks, having a 1176.28 foot radius curve to the left, a chord which bears north 28 degrees, 19 minutes and 45 seconds west, a distance of 10.03 feet to the point of intersection of the extension of the west line of said alley and the east line of Lot 1, 2, 3, 4, and 5 in said Sub- division; thence north, along the extension of the west line of said alley and the east line of said Lots, and along the west line of said alley and the east line of said Lots, and along the extension of the west line of said alley and the east line of said Lots, 293.04 feet to the northwest corner of said alley and a point in the south line of said South "G" Street; thence north 89 degrees, 37 minutes and 00 seconds east, along the south line of said Street, 20.00 feet to the place of beginning. This is to certify that the above description and the attached plat were prepared this loth day of April 1989, from a recent survey, and are true and correct to the best of my knowledge and belief. BEALS SURVEYING CORPORATION By: John E. Beals E. $ Reg. Surveyor No. 7955 State of Indiana 'D���srpnF (P W/o 143.09 �a, 1955 giAS OF �;- \� SU EXHIBIT B - PAGE 2 tXHBIIT "A" Part Southeast Quarter Section 5, Township 13 North, Range 1 West, and Part Lots 6 through 12 and all Lots 13 through 19 in Wierhake Addition and Parts Lots 5, 6 and 7 in Daniel Burgess Outlots described as follows: Lots numbered 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 in the Wierhake Subdivision of Lot number 159 in the Schwegman Addition and a part of Lots numbered 7 and 8 in Christian Schwegman's outlots in the City of Richmond. EXCEPTING THEREFROM the following described tract or parcel of land, towit: A strip of land eight (8) feet in equal width off the entire west sides of Lots #6 to #12 both inclusive, in Wierhake's Subdivision of Lots numbered 7, 8, and 159 in Schwegman's Addition to the City of Richmond and heretofore dedicated to the City of Richmond for the purpose of widening a proposed alley, which dedication is known and designated on the books of said city as Resolution lf1-1926. ALSO, part of outlots numbered 5 and 6 in the Plat of Outlots laid out by Daniel Burgess in the Southeast Quarter of Section 5, Township 13, Range 1 west now a part of the City of Richmond and described as follows, towit: Beginning at the Northwest corner of said Lot H6; thence east along the north line of said Lot #6 and continuing on the ;North line of said Lot N5 to a point 27-1/4 feet, more or less, east of the northwest corner of said Outlot ,95, being the west side of a 13 foot alley; thence south along the west side of an alley 13-1/3 rods to the south line of said Outlot #5; thence west on the south line of said outlots #5 and #6 a distance of 135 feet; thence north to a point which is 6 rods 19-1/2 links south of the north line of said Outlot /f6; thence west to the west line of said Outlot #6; thence north along; the west line of Lot 6 rods 19-112 links to the place of beginning. ALSO, a part of the Southwest portion of Outlot d6 of Burgess' Outlots to said City, viz: Beginning at a point in the North line of South "II" Street which is 387.25 feet east of the intersection of the east line of South 6th Street with the North line of South "fill Street, said point being also 30 feet radially in a northeasterly direction from the center line of the present main track of the Chesapeake and Ohio Railway; thence northwest- wardly with a curve to the left having a radius of 1176.28 feet, concentric with and 30 feet distant radially from the center line of said tract 113.5 feet, more or less, to a point in the line between said Railway Company's right of way and the property of the grantee herein, which said point Is 1".4 feet east of the west line of said .Outlot If6 hereinbefore mentioned; thence east on said right of way line parallel with and 107.2 feet forth of the north line of South "H" Street 88.8 feet to a corner of said right of way line; thence south with said right of way line and parallel with the west line of Outlot #6, 107.2 feet to the north line of South "H" Street; thence west on the north line of South "H" Street 50.95 feet to the point of beginning; and con- taining 0.172 acre, more or less, and being, a part of the right of way conveyed by Manna 1M. Imhoff by Warranty Deed dated January 23, 1901 and recorded in Vol. 114 page 5113, also by Bernadina Imhoff by Warranty Deed dated January 23, 1901 and recorded in Vol. 114 page 542 in Wayne County, Indiana Deed Record to the Cincinnati, Richmond and Muncie Railroad, a predecessor in title to the Chesapeake & Ohio Railway Company. ALSO, a part of the Northeast portion of Outlot N7 of Burgess' Outlots to said City viz: Beginning at a point in the east line of said Outlot #7, 120.34 feet north of the north line of South "Ii" Street, said point being also 30 feet radially in a northeasterly direction from the center line of the present main track of the Chesapeake & Ohio Railway; thence northwestwardly with a curve to the left having a radius of 1176.28 feet concentric with and 30 feet distant radially from the center line of said track 110.48 feet, more or less, to a point in the north line of said Outlot fl7; thence east on the north line of Outlot #7, 48.2 feet to the northeast corner of said Outlot; thence south on the east line of said Outlot #7, 99.66 feet, more or less, to the point beginning and containing 0.055 acre, more or less, and being a part of the right of way conveyed to the Cincinnati, Richmond and Muncie Railroad, a predecessor in title to the Chesapeake & Ohio Railway Company from Harmon Marting by Warranty Deed dated November 10, 1900 and recorded in Vol. 114 page 96 Wayne County, Indiana Deed Record. EXHIBIT A The following described real estate situate in Wayne County, State of Indiana, to -wit: Comsencing on the east line of South Sixth SLrect. 52 feet South from the intersection of the south line of South "O" Street and the east Line of said South Sixth Street; running Lhence South 81 degrees 9 minutes C+ist. 140 feet to a stake; thence souLh 19 degrees 17 minutes west, parallel with the east line of sold South Sixth Street 52 feet to a stake; thence North 81 degrees 9 minutCa west, 140 feet to a stake in the cast line of sold Soutlt Sl::th Street; thence North I) degrees 17 minutes East, alunl; Lhc Cant line of said South SisLh Street 52 feet Lo L}ta place of beginning, containing .0154 of an acre. ALSO known as Lot Numher 5 in Ole Wit-rhake Suhdlvlr.'nn as shown by the flat ]look Number 3, page 139, EXHIBIT A The following described real estate situate in Wayne County: State of Indiana, to -wit: A part of lot number eight (©) of certain out lots laid out by Christian Schwegman in the southeast quarter of section (5) Township (13) Range (1) west, more particularly'described as follows, to -wit: Beginning at a stake in the'South side of South "G" Street and in the Bast side of South Sixth Street; thence south 19 degree's wesL along the east line of said Sixth Street fifty-two (52) feet; thence due east one Hundred and twenty (120) feet; thence north 19 degrees east fifty-two (5.2) feet to the south side of said "G" Street; thence west along the south side of said "G" Street one hundred and twenty (120) fn_et to the place of beginning. Now a part of the City of Richmond, Indiana. EXHIBIT A The following described real estate situate in Wayne County, State of Indiana, to --wit: Being a part of Low Numbered 1, 2, 3, and 4 In Wlerhake Sub-divIe lon as the same Is shown of record In fiat Book 3, pRge 139,.Wayne C:uunty, Indiana, pccoreer's Officc, viz: 13cglnning ut tho southeast corner of Lot 41 In iald Wlarhaka Sub-divislon on the north line of a pi Ivate 12 foot allay; thcncc :vest the. bouth,IIna of said Lot ill, 1.8 feet to n , poIr. t Adch :.y 30 tcct` s;di.Ity.!n,a'northcaotcrly`.dlrcc;tlon from't3to.:. centcrllne of the prcacut stain eiict'"of the Chesapeake and OJtlo ftnlltvay; thence nordiweative rt>ly across Bald iota nutitbeied 1:, ,2, 3 and 4.wtth a' curve to the left having a tudltpb'i t 'l06.28..fcet:,`concentelc *.Ith'and feet distant rrdlally from the.ccritGzil`tsr of'Aald trnCk,.10*.7 teet,sitiore.- or luny, to a point: v�tttch Is o iositc thelangdnt polnt'of„salrl,tidcY;�fltcrcc.' :,.. continuing northwcetwardly pa.rallel.with'and 30 fccufrom the cv4�AoIloo of said track 48.2 feet; more or ices', to the north llne'pf•eald '_tt 441;: ;. tbcnce caatcrIy with the,norfh lino of aaId Lot 94; 121:y-1�tcc+t t' the 60rth- east corner of said lot; thence south,'.. along the canf�end oftofs�Numbcred 4, 3, 2, and 1, 158 fact to the.polnt;af beginning'and`aoiueining.0A.2'acre;:• mr,rc or leas, together with the right In and to the' prh,+tte all by. 'r6gtNofi aald Lot 41, being a part of the land described In warranty'decdio.,tllc Clnclnnati, Richmond & Muncle ItallroLd,.a prcdccc.ttor'In dtle*to the Chesapeake and Ohio Railway Co., from Henry Wlerheke dated Nov. 5, 1900, recorded. In Vol. 114, page 95; from Henry 1V. Blomeyer, dated November 6, 1900, recorded In Vul. 114, page 9d; and from A. W. alickwedcl, and ux., dated Novembe.r 6, 1900, and recordcd'In Vol. 114, page 94; all of Wayne County, Indiana Deed ,Records: 111A VACA-r'lo�I �F ALLE`C S O,u 7-m " G c TR,EE7 F189°3T.E• J 2D.Oo roR AL[.EY /.2 7iEO-9rGATd-O roR --F:4A r 13&oK 7 nAa. /03 W6/fZNAK.CsS SJJB-DN. 4p Z-44 0� j MRLL�EFN 7 N Alvlr$CtZLY i W r D.R, 945489 � 4� 8 Y i�i a u DONgLb DANN ..�— D�. a9z-ss n ' i 1.2.00 WEST l6.2! PLi;EPA"R�Q � CERiLFL{rD S3Y ,JOHN E.'QEALS TZE(z. SaRvc:Yo;k i44 795� STATC OF Tr1DiAnfq 73G7.�t.S Su'RV4S%CfW6 CORP. K/CMNbNO -zNl>rkxAk .47•g74 �3L7) 9�2-/023 EXHIBIT B - PAGE 1 /0 A?Rii- 198�i ses.i-t. / "- so 3/"4 �4309 M.A.C: Pia. 7955 STATE OF �� s u