HomeMy Public PortalAbout038-1989-VACATION- RIGHT OF WAY OF SOUTH 18TH PARKWAYBON E
ORDINANCE NO. 38-1989
AN ORDINANCE VACATING THE DEDICATED RIGHT-OF-WAY OF SOUTH 18TH
PARKWAY, AN UNDEVELOPED STREET WITHIN THE CITY OF RICHMOND,
INDIANA.
WHEREAS, Wernle Children's Home of the American Lutheran Church has
petitioned the Common Council of the City of Richmond,
Indiana requesting to vacate the dedicated right-of-way of
South 18th Parkway, an undeveloped street running south off
of South L Street in the City of Richmond; 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 _
3 ,1989; and,
WHEREAS, a study of this Ordinance was conducted by the Richmond City
Plan Commission on the W251ay of qi�2, 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 was 8 to 0
in favor of/in opposition to recommending passage of
Ordinance No. 38-1989.
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 the Northeast Quarter of Section Nine (9),
Township Thirteen (13) North, Range One, (1) West in the City
of Richmond, Indiana and being more particlularly described as
follows:
Beginning at a point in the north line of said northeast quarter
seven hundred forty-two and twenty seven hundredths
(742.27) feet eastwardly from the northeast corner of said
quarter and running thence south, parallel to the west line of
said quarter and along the center of a sixty (60) foot right of
way, a distance of one hundred forty-seven and sixty-four
hundredths, (147.64) feet to a point of curve; thence
southeastwardly, along the center of said sixty (60) foot right
of way and on a five (05) degree eighteen (18) minute twenty-
0 6 five (25) second curve to the left a distance of four hundred
thirty-five hundredths (435.55) feet to a point of tangent;
thence south twenty-three (23) degrees six (06) minutes fifty.
one (51) seconds east, along said tangent and along the center
said sixty (60) foot right of way, one hundred (100) feet to
'AYIdE �DU'r TY FiEGE;QE8a point of curve; thence southwardly, along a nine (09) degree
twenty-two (22) minute twenty-three (23) second curve to
JUL 13 Pal 3 04the right a distance of two hundred forty-six and sixty
hundredths (246.60) feet to a point of tangent; thence south,
Ordinance No. 38-1989
Page 2
along said tangent and along the center of said sixty (60) foot
right of way, a distance of one hundred (100) feet to a point of
curve; thence southeastwardly along a thirty-nine (39) degree
zero (00) minute forty-five (45) second curve to the right a
distance of two hundred forty and twenty-six hundredth
(240.26) feet to a point of tangent; thence south thirty-nine
(39) degrees zero (00) minutes forty-five (45) seconds west,
along said tangent and the center of said sixty (60) foot right
of way, a distance of one hundred thirty-five (135) feet;
thence south thirty-nine (39) degrees zero (00) minutes and
forty-five (45) seconds west, along said tangent and along the
center of a one hundred (100) foot right of way, fifteen (15)
feet to a point of curve; thence southeastwardly, along a
thirty-six (36) degrees fifty-four (54) minutes eleven (11)
second curve to the left and along the centerline of said one
hundred (100) foot right of way, a distance of one hundred five
and seventy-two hundredths (105.72) feet to the end of this
description at a point seven hundred twelve and twenty-seven
hundredths (712.27) feet east of the west line of said
northeast quarter of section nine (9), township thirteen (13)
north, range one (1) west and containing a area of two and
twelve hundedths (2.12) acres.
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 THISJjday of 1989, by the Common Council
of the City of Richmond, Indi na.
President of Common Council
ATTEST: U
City Clerk
PRESENTED to the Mayor of the City of Richmond, Indiana, this S tlay of
1989.
City lerk
APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond,
Indiana, this S`t day of ,1989.
Frank H. Waltermann, Mayor
ATTEST:
City CI rk
BOOK
STATE OF INDT-PiNA
SS:
COUNTY OF VAYNE
,.Subscribed and sworn to before me, City Clerk of the City of Richmond, Wayne
Al"inty, Indiana this 5th day of JUIVr 1989-
Mary Meth City Clerk
Resident ofWayne County
expires:
12-31-91
i LA
This instrument prepared by Kenneth E. Barden, Attorney at Law.
Bear �s 97
BEFORE THE COMMON COUNCIL
FOR THE CITY OF RICHMOND, INDIANA
IN THE MATTER OF THE PETITION
OF THE WERNLE CHILDREN'S HOME,
INC., FOR THE VACATION OF A
STREET )
PETITION FOR VACATION OF STREET
Come now the petitioners herein, Reverend Paul E. Knecht, Pex of the
Wernle Children's Home, Inc., 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 1800 block of South "L" Street.
2. Contiguous to said real property owned by petitioners is an alley being
60 feet in width that has never been used as a public way.
3. Petitioners maintain said property.
k. Accordingly, petitioners hereby request the Common Council to vacate
said street, the plat and legal description of which are attached
hereto as Exhibits A and B.
5. The owners of all land abutting said street proposed to be vacated are
the petitioners, Wernle Children's Home, Inc.
6. 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 C.
7. Public utilities who may have an interest in said street have no
objection to this vacation.
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,
June 9, 1989 WERNLE CHILDREN'S HOME, INC..
BYL..c C. e �r
Reverend Paul E. Knecht—�tity entered for taxation thlt 1-3
P3
STATE OF INDIANA T day Of 9
SS'
COUNTY OF WAYNE AUDITOR OF WAYNE COUNTY
Before me the undersigned, a notary public for said County and State, per-
sonally appeared Paul E. Knecht, P ='AQP.J_ of Wernle Children's Home, Inc. and
acknowledged the execution of the foregoing Dedication to be his voluntary act
and- deed.
Notary Public
Mq 6lmx9sion Expires:
a3 1993
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EXHIBIT B
The following parcel of real estate located in Richmond, Indiana, and beiWayne County,
ng more particularly described as follows, to -wit:
Being a part.of the Northeast Quarter of Section Nine (9), Tos,nshill
:'1'hirtecn (13) North, 1�ingc one (l) !Vest in the C:.ity of lticluuor, l
Indianr, and being more particularly described as f01101VS;
;.Beginning at a point in the north line of said nortllea,t quarter
'seven hundred forty-two and twenty-seven hundredths (712.27j .feet
-eastirarclly from the northlrest corner of said qufirter and rurlllinp
thence south, parallel to the west line of said quarter and :Moil
the center of a sixty (60) foot right, of wnv., a cl'iSt.rnce of one
hundred forty-seven and sixty-four Jltuldredtlls, (1,17.64) feet to 1
Point of curve thence southeasti;,ardly, aloilq the center of d
sai
sixty (60) foot right of way and on a five (U5) clel;ree c iL) Said
Con (18)
minute twenty-five (25) second curve to the left a distance oC four
hundred thirty-five and fifty-five hundredths (13S.55j 'leer to a
Point of tangent; thence south twenty-three (4 deg.;rees of a
' ,Minutes fist} -one (51) seconds east, along slid tangent any! anon,
the center of said sixty (60) foot right of n ay, ono hcuuh'cc! (luu)
feet 'to a point or curve; thence soutlu ,11rdly, alonr; a dine (U9)
degree twenty -tiro (22) minute twenty-three (23) second curve to the
'rii111t a distance of tl�o hundred forty-six and Bitty luulclledtlrs
(2 16, b0) feet to a point of tangent; thence south, aloi,g said t;m ,er,t
anlJ along the center of said sixty (60) foot right of lay n di.tir,,irt
Of one hundred (1DU) feet to a point of calve; gilt of soutlu;esn,lydly
along; a thirty-nine (39) degree zero f minute thence
f:ii�e (-15)
second curve to the ri 11t a distance of two 1lLUldred for•t)' and tWenty-
six hundredths (2,10.26) feet to a point of tan I; thence south
thirty-nine (39) degrees zero (00) minutes forty -.five ('I5) seconds
west, along said tangent and the center of said •sixty. (bU) foot l-ipht•
of fray, a distance of one hundred thirty-five (135) feet; thence
south thirty-nine (39) degrees zero (00) minutes and i'orty-Fi.ie (:IS)
seconds nest, along said t ulgent and along the center of a one hunLIrC'd (100) foot right of way, fifteen (15) feet to a point of ccn've; thcirec• southeastwardly, alollg a thirty-six (36) degree •fifty-four (5-I) r„inutc eleven (11) second curve to the left and along the r_enter:lir,e of ti.ii l one hundred (100) foot right of way, . list ogee Of one hundre.l 1.'in'e
cold seventy-two hundredths (I05..72) feet to the end of this cicscriitia,
at a point seven hundred tlrelve and twenty-seven llundreatb; (7l_'.2l')
feet cast of t11e west :sine of said northeast quarter nt Bret i°n trill
(9), toi,�llship thirteen (13) north, range one (1) west and corrc.,i,lin
v1 area of two Uld twelve 1:urldredths (2."1?) acres.
The grantee herein also grants a temporary easement for use only dur:ini;
construction of the above described street, said e:rsenient to be ale
hundred ttrenty (120) feet wide, being sixty (60) feet on e.,cl: rule of
the above described centerli-iie.
Subject to utility easements, highway ,right o:f ways, and other easeiucnts of
record previously recorded.
P�'-_ AC4
EXHIBIT C
Gibson, Wayne & Jewel
1021 South 13th Street
Hayes, Herbert & Dannelle
1213 South 20th Street
Hayes, Sheldon & Cora M.
1303 South 20th Street
A11 of Richmond, Indiana
RECORDED JUL 13 1989 DfBORAH S. SWTH R.w.c, `3,69 P m
CITY PLAN COMMISSION
RICHMOND, INDIANA
June 29, 1989
Mrs. Sally Hutton, President
Members of Common Council and
Ms. Mary Merchanthouse, City Cleric
Municipal Building
Richmond, Indiana 47374
Re: Ordinance No. 38-1989
Plan Commission Case PDP-89-5
Dear Mrs. Hutton, Members of Common Council and Ms. Merchanthouse:
The Richmond City Plan Commission conducted a public hearing on
Tuesday, June 27, 1989, on the petition of Wernle Children's Home of the
American Lutheran Church requesting the vacation of the dedicated right-
of-way of South 18th Parkway running south off of South L Street in the
1800 block.
Six (6) notices of public hearing were sent to the surrounding residents
with none returned.
The Plan Commission determined the public right-of-way is nolonger
needed for the future growth and development of the City. Therefore, the
Commission voted eight (8) to zero (0) to recommend that Ordinance No.
38-1989 be adopted.
Respectfully submitted,
-�),j �t,/�
Daniel S. Dooley
Executive Secretary
DSD/sm
INTER -OFFICE MEMO
DATE: June 7, 1989
TO: Common Council
FROM: Dan Dooley
SUBJECT: Ordinance No. 38-1989
COPY TO:
Petitioner: Wernle Childrens Home, Owner; Freeman Planning and Design,
Agent
Request: vacate the right-ofway of an undeveloped street to be known
as South 18th Parkway.
Location: East of South 16th Street on the south side of South L Street
in approximately the 1800 block.
NOTICE OF PUBLIC HEARING [
ON PETITION FOR VACATION OF PUBLIC WAYS[
Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana,
will hold a public hearing on July 3, 1989 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 THE DEDICATED RIGHT-OF-WAY OF SOUTH 18TH PARKWAY, AN UNDEVELOPED
STREET WITHIN THE CITY OF RICHMOND, INDIANA. [
That subject to the preservation of all easements for existing utilities, the public way described
below is hereby vacated.[
Being a part of the Northeast Quarter of Section Nine (9), Township Thirteen (13) North,
Range One, (1) West in the City of Richmond, Indiana and being more particlularly described as
follows:[
Beginning at a point in the north line of said northeast quarter seven hundred forty-two and
twenty seven hundredths (742.27) feet eastwardly from the northeast corner of said quarter
and running thence south, parallel to the west line of said quarter and along the center of a sixty
(60) foot right of way, a distance of one hundred forty-seven and sixty-four hundredths,
(147.64) feet to a point of curve; thence southeastwardly, along the center of said sixty (60)
foot right of way and on a five (05) degree eighteen (18) minute twenty-five (25) second
curve to the left a distance of four hundred thirty-five hundredths (43555) feet to a point of
tangent; thence south twenty-three (23) degrees six (06) minutes fifty-one (51) seconds
east, along said tangent and along the center of said sixty (60) foot right of way, one hundred
(100) feet to a point of curve; thence southwardly, along a nine (09) degree twenty-two (22)
minute twenty-three (23) second curve to the right a distance of two hundred forty-six and
sixty hundredths (246.60) feet to a point of tangent; thence south, along said tangent and along
the center of said sixty (60) foot right of way, a distance of one hundred (100) feet to a point of
curve; thence southeastwardly along a thirty-nine (39) degree zero (00) minute forty-five
(45) second curve to the right a distance of two hundred forty and twenty-six hundredth
(240.26) feet to a point of tangent; thence south thirty-nine (39) degrees zero (00) minutes
forty-five (45) seconds west, along said tangent and the center of said sixty (60) foot right of
way, a distance of one hundred thirty-five (135) feet; thence south thirty-nine (39) degrees
zero (00) minutes and forty-five (45) seconds west, along said tangent and along the center of
a one hundred (100) foot right of way, fifteen (15) feet to a point of curve; thence
southeastwardly, along a thirty-six (36) degrees fifty-four (54) minutes eleven (11) second
curve to the left and along the centerline of said one hundred (100) foot right of way, a distance
of one hundred five and seventy-two hundredths (105.72) feet to the end of this description at a
point seven hundred twelve and twenty-seven hundredths (712.27) feet east of the west line of
said northeast quarter of section nine (9), township thirteen (13) north, range one (1) west
and containing a area of two and twelve hundedths (2.12) acres.[
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: June 16, 1989[==
DISPOSITION OF ORDINANCE NO. 3 L�' .198 9'
RESOLUTION NO. -198
by Common Council
Ordinance No.3 8
Resolution No. _
Elstro
Lundy
Brookban
Hankinson
McBrica
Parkei
Hutton
Paust
Morris
Date & -la -,?I
Susp. rules Ist read
Title only
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Proof of Publicaton
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Move to 2nd read
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Susp rules 3rd read
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Rejection D
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Date Passed % -2 - f ?
COMMITTEE ASSIGNMENTS:
Committee 710/-.,-, Date
Commttee Hearing Date G -.2 7 4_9
Reassigned to Council Agenda
PUBLICATION DA
AMENDMENTS:
COMMENTS:
CITY PLAN COMMISSION
RICHMOND, INDIANA
June 29, 1989
Mrs. Sally Hutton, President
Members of Common Council and
Ms. Mary Merchanthouse, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: Ordinance No. 38-1989
Plan Commission Case PDP-89-5
Dear Mrs. Hutton, Members of Common Council and Ms. Merchanthouse:
The Richmond City Plan Commission conducted a public hearing on
Tuesday, June 27, 1989, on the petition of Wernle Children's Home of the
American Lutheran Church requesting the vacation of the dedicated right-
of-way of South 18th Parkway running south off of South L Street in the
1800 block.
Six (6) notices of public hearing were sent to the surrounding residents
with none returned.
The Plan Commission determined the public right-of-way is nolonger
needed for the future growth and development of the City. Therefore, the
Commission voted eight (8) to zero (0) to recommend that Ordinance No.
38-1989 be adopted.
Respectfully submitted,
'�)j �b,/\�
Daniel S. Dooley
Executive Secretary
DSD/sm
Inv. 061689-2
30000334
Form Prescribed by State Board of Accounts
General Form No. 99 P (Rev. 1987)
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1175 North A Street
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Richmond, Indiana 47374
PUBLISHER'S CLAIM
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