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HomeMy Public PortalAbout025-1997 - Vacation - Alley SW 15th street1997003797 97APR 16 AM11: 04 WA'YNE COL' i 'i t ;LCOR'D it ORDINANCE 25-1997 A SPECIAL ORDINANCE VACATING THE EAST/WEST ALLEY RUNNING EAST FROM SOUTHWEST 15TH STREET BETWEEN LOTS 89 AND 90 IN EARLHAM HEIGHTS ADDITION TO THE EAST WHERE IT INTERSECTS WITH A NORTH/SOUTH ALLEY. Whereas Charles Castle and Barbara J. Davis have petitioned Common Council of Richmond, Indiana, requesting the vacation of the East/West alley running East from Southwest 15th Street between lots 89 and 90 in Earlham Heights Addition to the East where it intersects with a North/South alley, the same being Vacation Petition No. 4-1997, and Whereas all of the owners of all land abutting the above described public way have joined in said petition requesting vacation, and Whereas the abutting land owners have waived notification by the City Clerk as required by statute, and Whereas said Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition April 7, 1997, after publishing legal notice thereof at least 10 days in advance of said hearing as required by statute, and Whereas the Richmond Advisory Plan Commission, pursuant to Richmond Code 155.04(b), conducted a public hearing on said petition March 24, 1997, after publishing legal notice thereof at least 10 days in advance of said hearings as required by ordinance, and Whereas it is desirable to vacate said public way, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that subject to the preservation of easements for existing utilities, the public way described below is hereby vacated and the abutting property owners shall acquire ownership of the land heretofore dedicated as a public way as indicated below, to wit: The East/West alley running East from Southwest 15th Street between lots 89 and 90 in Earlham Heights Addition to the East where it intersects with a North/South alley. Passed and adopted this 7th day of April, 1997, by the Common Council of the City of Richmond, Indiana. Duty entered for taxation aF 199-1— - _ l._. � AUDITOR OP WAYNE COUNTY 5t] _Q(8- 110- 1 I .000 -aq 50-64- 1 /o q 11- 000 -aq President (Bob Dickman) ATTE417— �. , City Clerk (Norma Schroeder) I �RSENT to the Mayor of the City of Richmond, Indiana, this O day of , 1997, at 9:00 a.m. t,,t'L'Cjty Clerk (Norma Schroeder) rAP ROVED �y me, Dennis Andrews, Mayor of the City of Richmon n i a, this f day o , 1997, P a. I Mayor ATTESt • -AAk City Clerk (Norm Schroeder) 120 20to 79, a19a $ A24 al � 117 83 76 125 116 64 = _ i5 126 85 7 4 127- 73 128 1.13 67 7Z 129 .< 88 71 , 130 } ISO 13! a MC. O�c 14 /G $I* fio Y ' 69 r - .tog 33 oa 134 N `_ 93 66 - 13s i0� N ;. i m 94 -j 65 137 l04 ` 96 63 � s /38 2 103 97 62 � S� 3 J tr°. 41 .. Aso ` O d 61 140 lob O ISO c o 60 41 Is 14Z 162-D9 , _- _ ja 16 j n 11 12 13 14 - r° EXHI T.: 4G'I 3 4G.5 RECORDED APR 1 61997__— RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA March 25, 1997 Mr. Robert Dickman, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 25-1997 Dear Mr. Dickman: Please advise the members of Common Council that the Richmond Advisory Plan Commission conducted a public hearing, Monday March 24, 1997, on the petition of Charles Castle and Barbara J. Davis owners of lots 89 and 90 of Earlham Heights addition to vacate the East West alley platted to run between their respective lots. The alley exists on paper only and the Commission determined that the petitioners were the only parties affected by this vacation. The Commission further determined that the land was of no use to the City or local utilities. The Plan Commission voted 9 in favor, with 2 absent, to recommend passage of the Ordinance. ,,,-- 'Respectfu su itted, o ert Goodwin Executive Secretary of R) cy o k J �I ����' * DEPARTMENT OF PLANNING, PERMITS AND INSPECTIONS ENO I ANP CITY OF RICHMOND 50 NORTH FIFTH STREET • RICHMOND, INDIANA 47374 (765) 983-7342 • PERMITS (765) 983-7341 • FAX (765) 962-7024 March 17, 1997 Common Council Richmond, IN 47374 RE: Ordinance No. 25-1997 Dear Council Member: DENNIS ANDREWS Mayor ROBERT B. GOODWIN Director (765) 983-7283 LARRY H. CASH Assistant Director (765) 983-7343 This ordinance relates to Vacation petition 4-1997 requesting vacation of the east/west alley running east from Southwest 15th Street between lots 89 and 90 in Earlham Heights addition to the east where it intersects with a north/south alley. The ordinance should be referred to Plan Commission for public hearing at its meeting on March 24, 1997. The ordinance should be back to Council for second reading on April 7, 1997. Ve truly yours, Robert B. Goodwin Director Planning RBG:ksr Varrantp ;Deeb THIS INDENTURE WITNESSETH, That Daryl F. Sartain and Wendi D. Sartain, Tenants in Common of Wayne County, in the State of Indiana Convey and Warrant to Charles Castle, an adult of Wayne County, in the State of Indiana for and in consideration of the sum of One Dollar (1.00) and other valuable considerations, the receipt whereof is hereby acknowledged, the following described Real Estate in Wayne County, in the Stare of Indiana, to -wit: Lot Number 89 in Earlham Heights Addition to the City of Richmond, Wayne County, Indiana, as recorded in Plat Book 4,.page 44 in the Recorder's Office of said County. SUBJECT TO: The real estate taxes for the Spring of 1990, due and payable in the Spring of 1991, and all subsequent taxes which the grantee herein agreesand assumes to pay. SUBJECT TO: Grantor's right of possession for thirty (30) days. IN WITNESS WHEREOF, Grantor has executed this deed this LS day of December 19 90 Signature�� � �" ��' (SEAL) Signature �_''ILA A �' '���(SEAL) Printed Daryl F. Sartain Printed Wendi D. Sartain STATE OF Indiana SS: COUNTY OF Wayne Before me, a Notary Public in and for said County and State, personally appeared Daryl F. Sartain and Wendi D. Sartain who acknowledged the execution of the foregoing Warranty Deed, and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this is %day of f 1991E—. . My commission expires Signature Printed Triria K- Navinr Notary Public Residing in 1R, i nn County, Indiana. This instrument was prepared by Robert J . Delaney attorney at law. Return co: EXHIBIT A RECORDED 0 E C 1 9 1990 DE130RAH S. SMITH RA(. 4: A 1)6 Lot Number 90 in Eartham Heights Addition to the City of Richmond, Wayne County, Indiana, as recorded in Plat Book 4, page 44 in the Recorder's Office of said County.