HomeMy Public PortalAbout073-1997 - Rezoning - State Road 121 East of Interstate 70ORDINANCE NO. 73-1997
A SPECIAL ORDINANCE AMENDING THE ZONING MAP FOR FIVE
PARCELS OF REAL ESTATE LOCATED ALONG STATE ROAD 121 EAST
OF INTERSTATE-70
WHEREAS the zoning map designates real estate located along SR 121 as
A- I Agricultural District, and
WHEREAS it is desirable to change the zoning designation to C-4 General
Business District;
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond,
Indiana, that the zoning designation of the five real estate parcels located along SR 121,
east of Interstate-70, and referenced in attached Exhibits "A", "B", "C", "D" and ` E",
are hereby designated as C-4 General siness District.
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Passed and adopted this day of = L 1997, by the Common Council
of the City of Richmond, Indiana.
Itlo president
(Robert Dickman)
.City Clerk
(Norma Schroeder)
� (L
SENTED to the Mayor of the City of Richmond, Indiana, this day of
1997, at 9:00 a.m.
ity Clerk
(Norma Schroeder)
APP�LQVED b e, Dennis Andrews, Mayor of thean
Ricdiana, this
.� day of �' v Ir , 1997, at 9:05 a.
Mayor
ATTEST: c, City Clerk
(Norma Schroeder)
RICHMOND ADVISORY PLAN COMMISSION
RICHMOND, INDIANA
July 28, 1997
Mr. Robert Dickman, President
Richmond Common Council
Richmond, IN 47374
RE: Ordinance No. 73-1997
Dear Mr. Dickman:
Please advise the members of Common Council that the Richmond Advisory Plan
Commission conducted a public hearing, Thursday, July 24, 1997, on the petition of
Ben Dee, Inc.; Pamela J. Gulling; Timothy W. Cummings and Bonnie L. Cummings;
New Creations Chapel, Inc.; Chad Rhinehart and Billi Rhinehart; owners; Robert J.
Delaney, agent; requesting a rezoning from A-1 Agricultural District to C-4 General
Business District of five individual properties located along SR 121 east of I-70,
Wayne Township, Richmond, Indiana.
Notices were delivered to fourteen surrounding property owners, with two
favorable comments and two negative comments returned to this office. In
addition, the two property owners who returned negative comments also appeared
at the meeting.
The Plan Commission voted 7 in favor, with none opposed, and 4 absent, to
recommend the approval of Ordinance No. 73-1997.
lly submitted,
Robert Goodwin
Executive Secretary
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{)JI M,,i� * DEPARTMENT OF PLANNING,
PERMITS AND INSPECTIONS
��yOIANP
CITY OF RICHMOND
50 NORTH FIFTH STREET • RICHMOND, INDIANA 47374
(765) 983-7342 • PERMITS (765) 983-7341 • FAX (765) 962-7024
July 21, 1997
Common Council
Richmond, IN 47374
RE: Ordinance No. 73-1997
Dear Council Member:
DENNIS ANDREWS
Mayor
ROBERT B. GOODW W
Director
(765) 983-7283
LARRY H. CASH
Assistant Director
(765) 983-7343
This ordinance relates to amending the zoning map for five parcels of real estate located along State
Road 121 east of Interstate-70 as A- I Agricultural District to C-4 General Business District.
The ordinance should be referred to Plan Commision for public hearing at its meeting on July 24,
1997.
The ordinance should be back to Council for second reading on August 4, 1997.
ery ru ours,
Robert B. Goodwin
Director City Planning
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EXHIBIT "A"
LEGAL DESCRIPTION
Situate in the County of Wayne, State of Indiana, to wit:
A part of the southeast quarter of Section Twenty-five (25)
Township Fourteen (14) north, Range One (1) west in Wayne Township,
Wayne County, Indiana, and being more particularly described as
follows:
Beginning at a point, said point being forty-five (45) feet south
four (4) degrees and nine (9) minutes east, measured along the west
line of said southeast quarter, and four hundred sixty-seven and
forty-five hundredths (467.45) feet north eighty-eight (88) degrees
and fifteen (15) minutes east, measured parallel to the centerline
of the New -Paris Pike, of the northwest corner of said southeast
quarter, and running thence, from said beginning point, south
eighty-eight (88) degrees and fifteen (15) minutes west, parallel
to said centerline, one hundred (100) feet; thence south three (3)
degrees and twenty-two (22) minutes east two hundred fifty-five
(255) feet; thence north eighty-eight (88) degrees and fifteen (15)
minutes east, parallel to said centerline, one hundred (100) feet;
thence north three (3) degrees and twenty-two (22) minutes west two
hundred fifty-five (255) feet to the place of beginning, containing
an area of fifty-nine hundredths (0.59) acres, more or less.
ALSO a part of the southeast quarter of Section Twenty-five (25),
Township Fourteen (14) north, Range One (1) West, in Wayne
Township, Wayne County, Indiana, and being more particularly
described as follows:
Beginning at a point, said point being forty-five (45) feet south
four (4) degrees and nine (9) minutes east, measured along the west
line of said southeast quarter, and four hundred sixty-seven and
forty-five hundredths (467.45) feet north eighty-eight (88) degrees
and fifteen (15) minutes east, parallel to the centerline of the
New Paris Pike, of the northwest corner of said southeast quarter,
and running thence, from said beginning point, north eighty-eight
(88) degrees and fifteen (15) minutes east, parallel to said
centerline, three hundred twenty-eight and seventy-eight hundredths
(328.78) feet; thence south one (1) degree and six (6) minutes west
two hundred fifty-five (255) feet; thence south eighty-eight (88)
degrees and fifteen (15) minutes west, parallel to said centerline,
three hundred eighteen and sixty-nine hundredths (318.69) feet;
thence north three (3) degrees and twenty-two (22) minutes west two
hundred fifty-five (255) feet to the place of beginning, containing
an area of one and ninety hundredths (1.90) acres, more or less.
Duty entered for taxation dils /
day of
AU TOR OF VwAxYNE COUNTY
p,LSv a parc or cne 5uucrieasc quarcer of 5ecr-lon Twenty-tive (25),
TQ,A-nshs�i Fourteen (14 north, Range One (1) ,t , in Wayne
Township, Wayne County, Indiana, and being moi- particularly
described as follows:
EXHIBIT "A"
Beginning at a point, said point being forty-five (45) feet south
four (4) degrees and nine (9) minutes east, measured along the west
line of said southeast quarter, and four hundred sixty-seven and
forty-five hundredths (467.45) feet north eighty-eight (88) degrees
and fifteen (15) minutes east, parallel to the centerline of the
New Paris Pike, of the northwest corner of said southeast quarter,
and running thence, from said beginning point, north eighty-eight
(88) degrees and fifteen (15) minutes east, parallel to said
centerline, three hundred twenty-eight and seventy-eight hundredths
(328.78) feet; thence south one (1) degree and six (6) minutes west
two hundred fifty-five (255) feet; thence south eighty-eight (88)
degrees and fifteen (15) minutes west, parallel to said centerline,
three hundred eighteen and sixty-nine hundredths (318.69) feet;
thence north three (3) degrees and twenty-two (22) minutes west. two
hundred fifty-five (255) feet to the place of beginning, containing
an area of one and ninety hundredths (1.90) acres, more or less.
Duly entered for ta,;adcn trdi
day of I��"-m 199 (__')
AURJTOR OF to/AYNE COUNTY
RECORDED DEC 17 1996 AL DILLON, RX0 1)' 09 P m
EXHIBIT "B"
LAND DESCRIPTION:
(outlined in red on the attached plat)
Being a part of the Northwest and Northeast Quarters of Section 25, Township 14 North,
Range 1 West, in Wayne Township, Wayne County, Indiana, and being more particularly
described as follows:
Beginning at a p-k nail found at the southeast corner of the Northwest Quarter of said Section
25, and running thence north 89 degrees, 52 minutes and 15 seconds west, along the south
line of said Northwest Quarter, 245.24 feet to a point; thence north 03 degrees, 27 minutes
and 15 seconds west, 546.07 feet to an iron rod set; thence entering the Northeast Quarter of
said Section 25 south 89 degrees, 52 minutes and 15 seconds east, parallel to the south line
of said Northwest Quarter, 957.97 feet to an iron rod set; thence south 00 degrees, 20 minutes
and 55 seconds west, 505.98 feet to an iron rod set on the north right-of-way line of Indiana
State Highway Number 121; thence south 83 degrees, 13 minutes and 15 seconds west,
along the north right-of-way line of said Highway, 221.21 feet to an iron rod set; thence south
01 degree, 42 minutes and 35 seconds west, continuing along said north right-of-way line,
25.00 feet to a point on the centerline of said Highway; thence north 88 degrees, 17 minutes
and 25 seconds west, along said centerline, 456.54 feet to the place of beginning, containing
a total area of 11.695 acres, there being 3.230 acres in the Northwest Quarter of said Section
25 and 8.465 acres in the Northeast Quarter of said Section 25.
SUBJECT TO: An Indiana Michigan powerline easement.
ALSO SUBJECT TO: The right-of-way of Indiana State Highway Number 121, and any
easements of record.
This is to certify that the above description and attached plat were prepared this 30th day of
June 1997, from a recent survey, and are true and correct to the best of my knowledge and
belief.
BEALS SURVEYING CORPORATION
No. 7955 By: John E. Beals
STATE o F Reg. Surveyor No. 7955
�MAtAy�: State of Indiana
SURv`��,� W/Q 17189
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EXHIBIT "C"
LAND DESCRIPTION:
(outlined in red on the attached plat)
Being a part of the Southwest Quarter of Section 25, Township 14 North, Range 1 West, in
Wayne Township, Wayne County, Indiana, and being more particularly described as follows:
Beginning at an iron rod at the intersection of the west line of the Southwest Quarter of said
Section 25 with the south right-of-way line of Indiana State Highway Number 121, said iron rod
being 411.84 feet south 00 degrees, 44 minutes and 45 seconds east of a marked stone
found at the northwest corner of said Southwest Quarter, and running thence from said
beginning point along the south right-of-way line of said Highway the following courses and
distances: north 89 degrees, 00 minutes and 15 seconds east, 32.75 feet to a concrete
right-of-way monument, thence north 80 degrees, 34 minutes and 00 seconds east, 267.25
feet to a concrete right-of-way monument; thence north 69 degrees, 23 minutes and 50
seconds east, 75.86 feet to a concrete right-of-way monument on the west line of a 1.579 acre
tract of land owned by David K. and Connie J. Smyer, as recorded as Instrument Number
1995008690 in the Office of the Wayne County Recorder, Wayne County, Indiana; thence
leaving the south right-of-way line of said Highway south 08 degrees, 59 minutes and 05
seconds east, along the west line of said 1.579 acre tract, and the west line of a 1.000 acre
tract owned by said Smyer as recorded as Instrument Number 1996009354, in said
Recorder's Office, 400.09 feet to an iron rod at the southwest corner of said 1.000 acre tract,
thence south 69 degrees, 23 minutes and 50 seconds west, 333.15 feet to an iron rod on the
northeastward right-of-way line of Interstate Route Number 70; thence north 42 degrees, 01
minute and 55 seconds west, along the northeastward right-of-way line of said Interstate,
170.22 feet to an iron rod at the intersection of said northeastward right-of-way line with the
west line of said Southwest Quarter; thence north 00 degrees, 44 minutes and 45 seconds
west, along said west line, 314.93 feet to the place of beginning, containing an area of 3.793
acres.
SUBJECT TO: Any easements of record.
This is to certify that the above description and attached plat were prepared this 30th day of
June 1997, from a recent survey, and are true and correct to the best of my knowledge and
belief.
CC
BEALS SURVEYING CORPORATION
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By: John E. Beals
Reg. Surveyor No. 7955
N o. 7955 State of Indiana
s`raze of W/O 17188A
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LAND DESCRIPTION:
EXHIBIT "D"
(outlined in red on the attached plat)
Being a part of the Southwest Quarter of Section 25, Township 14 North, Range 1 West, in
Wayne Township, Wayne County, Indiana, and being more particularly described as follows
Beginning at a point at the intersection of the east line of a 1.579 acre tract owned by David K.
and Connie J. Smyer, as recorded as Instrument Number 1995008690, in the Office of the
Wayne County Recorder, Wayne County, Indiana with the south right-of-way line of Indiana
State Highway Number 121, said point being more particularly described as follows:
Commencing at a marked stone found at the northwest corner of the Southwest Quarter of
said Section 25, and running thence south 00 degrees, 44 minutes and 45 seconds east,
along the west line of said Southwest Quarter, 394.54 feet to a point at the intersection of said
west line with the centerline of said Highway; thence north 77 degrees, 10 minutes and 50
seconds east, along said centerline, 66.68 feet to a point; thence north 69 degrees, 23
minutes and 50 seconds east, continuing along said centerline, 600.39 feet to a point at the
northeast corner of said 1.579 acre tract owned by Smyer; thence south 01 degree, 29
minutes and 45 seconds west, along the east line of said Smyer tract, 60.39 feet to the
beginning point of this description; thence along the south right-of-way line of said Highway the
following courses and distances: south 58 degrees, 19 minutes and 25 seconds east, 5.75
feet to a concrete right-of-way monument; thence north 69 degrees, 23 minutes and 50
seconds east, 40.00 feet to a point; thence north 57 degrees, 40 minutes and 05 seconds
east, 191.86 feet to a point, thence north 20 degrees, 36 minutes and 10 seconds west, 21.50
feet to a point on the centerline of said Highway; thence leaving the south right-of-way line of
said Highway north 69 degrees, 23 minutes and 50 seconds east, along said centerline,
263.15 feet to a point at the intersection of said centerline with the north line of said Southwest
Quarter; thence south 89 degrees, 52 minutes and 15 seconds east, along said north line,
24 7.65 feet to a point at the northeast corner of a tract of land owned by New Creation Chapel
Inc., as recorded as Instrument Number 1996009178, in said Recorder's Office, thence south
00 degrees, 07 minutes and 45 seconds west, along the east line of said New Creation tract,
437 44 feet to an iron rod set; thence south 69 degrees, 23 minutes and 50 seconds west,
50.27 feet to an iron rod at the southeast corner of a 1.000 acre tract owned by said Smyer's,
as recorded as Instrument Number, 1996009354, in said Recorder's Office, thence north 01
degree, 29 minutes and 45 seconds east, along said 1.000 acre tract and along said 1.579
acre tract, 475.78 feet to the place of beginning, containing an area of 7.990 acres.
SUBJECT TO: The right-of-way of Indiana State Highway Number 121, and any easements
of record.
This is to certify that the above description and attached plat were prepared this 30th day of
June 1997, from a recent survey, and are true and correct to the best of my knowledge and
belief.
rZBiALS SURVEYING CORPORATION
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EXHIBIT "E."- .�... -
WARRANTY -DEED _
THIS. MENTURE WITNESSETH,.That Charles G. DeBolt-and.,
Louise 'tl. DeBolt, husband aril -wife, of Wayne County, in
the State of Indiana, CONVEY AND -WARRANT to DeBolt. Con
struction Company, ` Incorporated, of Wayne •County, in the.` '
State of Indiana; for and in consideration of One -Dollar.
($1.00) and other.valuable considerations, the._receipt
whereof is hereby acknowledged, the following described
real estate - in Wayne -County, � Indiana, .as follows; _to -wit
"A art of the northwest, quarter .of .Section -Twenty-five
'Township Fourteen M) North, Range West
in Wayne Township, -Wayne County, Indiana, and being more
particularly described as follows: Beginning at--a-.-point,
said point being .four hundred. fort -eight -and six hundredths -
(44$,Ob) feet south eighty-six (86) degrees7and.i'orty-five
(45) minutes west, . along the centerline of the `i4iew- Paris
Pike, ' and forty-five (145) f eet..north..three .13) :degrees-- and
fifteen (15) minutes west of. the.-southeast.'
he -southeast corner -of.-said, northwest quarter; and. running'thence,-.from said. beginning
point, south -.eighty-six_ (86) :degrg-es:.and _-forty-five :(45)
..minutes west, --parallel` to= said centerline, th , e :hundred:
.fifty-nine and -five-tenths (359.51,-feet; ,._thence '.nor.th..:.
three (3) degrees:,and .fifteen:_.(15) minutes west _three hundred
(300) feet; : _.thence_north .eighty-six` (fib) `degrees and forty -
five 45) minutes -east,''pai-allel to "said .centerline, three: _
--hundred fifty-nine and five,, -tenths: (359.5) feet; .:hence
south three 13) :-degrees and -fifteen=;.(15) :minutes east three
hundred { 300) -•feet to - the ,place Hof ,beginning, ;containing nn
area -of two and fifty hundredths .' (2 50) acres; . more or less. '
_47_ - =
SUBJECT to the,1955 taxes, payable :in 1956,. and--ill.'subsequent
'_ cribed,re1."de_estate:-taxes as to.the valuation uponthe:.above . .
;'THIS CONVEYANCE IS SUBJECT to"the following restrictions and/or
'covenants, to -wit.
'I The -said shove described. real- estate_,.shall:-be known:_and
designated and used as a '.residential--Iot_or. -tract.. and no, ._
structure shall be .constructQd on said_ tract,- or. any sub-
-division thereof, other : than . &- one detached;".single dwelling
not to exceed two and one-half -stories in height;"
2: ISo building shall be .erected. on said above described
real estate nearer . than thirty (30) feet to th6 .front _,( south) E
lot line, or nearer than- ten (10) feet to any ,side lot line.
The side -line restrictions shall not apply to 'a garage.
3. No dwelling shall be erected. on the said.above described. _
real estate having area of -less than seven hundred sixty-eight.
(-168) square feet.
No obnoxious or offensive trade s:,ali be carried on
upon said real estate.
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