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
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AUDITOR OP WAYNE COUNTY
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President
(Bob Dickman)
ATTE417— �. , City Clerk
(Norma Schroeder)
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�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
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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.