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Home My Public Portal About034-1988- VACATION - PORTION OF A 24FT ALLEY RUNNING SOUTH OFF THE SOUTH SERVICE DRIVE BETWEEN SOUTH 6TH AND 7TH STREETORDINANCE NO. 34-1988 AN ORDINANCE VACATING A CERTAIN PUBLIC WAY WITHIN THE CITY OR RICHMOND, INDIANA, BEING THAT PORTION OF A TWENTY-FOUR (24) FOOT ALLEY RUNNING SOUTH OFF OF THE SOUTH SERVICE DRIVE BETWEEN SOUTH 6TH STREET AND SOUTH 7TH STREET. WHEREAS, West End Federal Savings Bank has petitioned the Common Council of the City of Richmond, Indiana requesting to vacate a portion of a certain twenty-four (24) foot alley; 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�„�.� , 1988; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the o2 Vcfi day of ��a , 1988, at which time remonstrances ere heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was 9 to o in favor of/ i-n- -t -e tz recommending passage of Ordinance No. 34-1988. 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 utilities, the public way described below is hereby vacated: Being an alley running north and south lying east of Official Map Lots 291, 292, 293, and 294 and west of lots 2,-3 and 4 in Caleb Bond's Addition to the City of Richmond, Indiana, for the purpose of vacating said alley and being more particularly described as follows: Beginning at a point in the south line of a 22.00 foot wide Service Drive as recorded in Plat Bood 11, page 398 in the Wayne County Recorder's office and the west line of Lot 2 in Caleb Bond's Addition, said point being more particularly described as follows: Commencing at an iron plug monument found at the point of intersection with a 5.00 foot monument line running north and south in eastward side of South 7th Street with a 5.00 foot monument line running east and west in the northward side of South A Street,and running thence, north along said monument line in South 7th Street, 284.50 feet to a point in line with the extension of the south line of said Service Drive; thence north 89 degrees, 58 minutes and 00 seconds west, along the extension of the south line of said Drive and along the south line of said Drive, 186.00 feet to the beginning point of this vacation description; and running thence, from said beginning point, south, along the west line of said lots 2, 3, and 4 in Caleb Bond's Addition, 159.52 feet to a point; thence north 89 of said Service Drive, 24.00 feet to a point at the southeast coarner of 0. M. 294; thence north, along the east line of said O.M. 294, 293, 292, and 291, 159.52 feet to a point of intersection of the east line of said O.M. 291 with the south line of said service Drive; thence south 89 degrees, 58 minutes and 00 seconds east, along the south line of said Service Drive, 24.00 feet to the place of beginning. ORDINANCE NO. 34-1988 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 (`cam day of�,1988, by the Common Council of the City f Richmond, Indiana. Pr sident of Common Council ATTEST: City C erk PRESENTED to the Mayor of the City of Richmond, Indiana, thisday of ,1988. •li - E- - - - - = I - - — = - Z APPROVED by me Frank H. Waltermann, Mayor of Richmond, Indiana, thisZ&( day of ,1988. Mayor ATTEST :�,a-��, n,.,`�.�� o , City erk STATE OP TNDIANA SS: COUNTY OF WAYNE Before me, the undersigned, a Notary Public in and for said County and State, Personally appeared Lynn Nepote Morris, Mary Merchanthousem and Frank R. Waltermann, and acknowledged the execution of the foregoing instrument this 7th day_df June , 1988. Wii�kES,P6"my hand and Notorial Seal. Y, T Carol E. Brady, Notary Public Residing in Wayne County, Indiana Pl ��j�ul 4 on.expires: 2/22/92 006278 WAYNE COUNTY RECORDER '88 HUG S RM 1131 Duty entered for tun" ft 6— day f 41 W ALMIT01 Of WAYNE C80TY 7 ,A N S Jca`Q I". A,p i z9. W.O " 13 5 a9' SS E Z VSS* S&"w Alley +o be Vaud+ad Izs7 z p � � a Q Q h 5 O' 1988 39-7 � a W 5 � 0 N izs' .T P.e,..r Pia true NAXUMGrY L uvo BEFORE THE COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION OF) WEST END FEDERAL SAVINGS BANK ) FOR THE VACATION OF CERTAIN ) PUBLIC WAY ) PETITION FOR VACATION OF A CERTAIN PUBLIC WAY COMES NOW the Petitioner, WEST END FEDERAL SAVINGS BANK, by President Gerald L. Cunningham, who being first duly sworn upon his oath, and pursuant to provisions of Indiana Code 36-7-3-12, petitions the Common Council of the City of Richmond, Indiana, as follows: 1. The Petitioner, West End Federal Savings Bank, is the owner of real estate in a predominately business or commercial neighborhood, with its primary office being located at 34 South 7th Street, Richmond, Indiana. 2. Abutting the Petitioner's property line along the west side is a right-of-way that is approximately 24 foot wide and approximately 160 foot long that has never been fully developed and serves no public purpose. 3. Abutting the Petitioner's property line along the north side is a right-of-way that is approximately 16-1/2 feet wide and approximately 125 feet long that has never been fully developed and serves no public purpose. 4. The Petitioner desires to have said right-of-way which is approximately 24 feet wide and 160 feet long divided equally between the City of Richmond and Petitioner. The Petitioner desires to have said right-of-way which is approximately 16-1/2 feet wide and 125 feet long vacated and given to Petitioner. Petitioner further desires to utilize said right-of-way in conjunction with the use and enjoyment of their commercial real estate. -2- 4. Therefore, the Petitioner seeks to effect the vacation of the public right-of-way described below: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE SEE EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 5. The names and addresses of all owners of land that abut the property which is described in Exhibit "A" are as follows: City of Richmond, Municipal Building, 50 N. 5th St., Richmond, IN 47374 City of Richmond -Redevelopment Commission, Municipal Building, 50 North 5th Street, Richmond, IN 47374 Oliver N. Riley, Cornett N. Riley and Mary L. Corvi, 2625 Island View Drive, Corona Del Mar, California 92625. 6. The names and addresses of all owners of land that abut the proprety which is described in Exhibit "B" are as follows: City of Richmond, Municipal Building, 50 N. 5th St., Richmond, IN 47374 City of Richmond -Redevelopment Commission, Municipal Building, 50 North 5th Street, Richmond, IN 47374. 7. A list of those utility companies that abut the property which is described in Exhibits A and B that is proposed to be vacated are as follows: Richmond Power & Light, General Telephone Company, Clearview Cable-TCI, Indiana American Water Company, Richmond Gas Corporation, Richmond Sanitary District. 8. It is hereby acknowledged by the Petitioner that the vacation herein requested should be conditioned upon the preservation of presently existing utility easements and rights -of -way. WHEREFORE, the Petitioner, WEST END FEDERAL SAVINGS BANK, by Gerald L. Cunningham, President, requests that a public hearing be conducted on its petition for the vacation of the above -described public way in accordance with the provisions of IC 36-7-3-12 and IC 5-3-1-1. (Gerald L. Cunningham) President WEST END FEDERAL SAVINGS BANK -3- SUBSCRIBED AND SWORN to before me, this �� day of April, 1988. Walter S. Chidester, Notary Public My Commission Expires: Resident of Wayne County, Indiana July 29, 1988 Inv. 4� 0527` 111113l2 Form Prescribed by State Board of Accounts General Form No. 99 P (Rev. 1987)' (..... G1es`�• C].t. n, x .........G3: To Palladium Publishing Corporation.,....... Dr. (Governmental Unit) - 1175 North A Street Richmond Indiana 47374 ...................................... Wpyft@............. . County, Indiana ............... ......... .....................:................................. ......... PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines .......................3 Head — number of lines Body — number of lines ........................ '' 3 Tail — number of lines ..............`2...... Total number of lines in notice .............. CIO . ......... COMPUTATION OF CHARGES ...• ..8j;:)....... lines, ............ columns wide equals ........ '..... equivalent 5 7 lines at ............21.1... cents per line Additional charge for notices containing rule or tabular work ......... (50 per cent of above amount) Charge for extra proofs of publication ........................ ($1.00 for each proof in excess of two) TOTAL AMOUNT OF CLAIM $ ........................ DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions ...... Size of quad upon which type is cast ..... Pursuant to the procisions and penalties of Ch. 155, Acts 1933, I hereby certify that the foregoing account is just and correct, that the amount is legally due, a r aIlowing all just credits, a th no part of the same has been paid. ................ ..... Date: .............................. :L9 . �0. Title PUBLISHER'S AFFIDAVIT State of Indiana ) Wayne ...... County) ss Personally appeared before me, a notary.public in and for said county and state, the undersigned ... .... ...................... who, being duly sworn, says that he is —............. of the Palladium -Item a daily newspaper of general circulation printed and published in the English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for....T- fime...... the dates of publication being as follows:.._ ............. .......................... ,.. ... 27 198 ....................................................................... .. .. a..... .... . ....... a tn. is Su scri d sw_orn to before mday of ........... e s ../.%�.......... ... .:`: .......... 19 ..... ........................................................_.......................... VIy;,F:.i.1a,'3 Notary..P..ubli..c My commission exires ....