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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. 1� 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 <t QdCd o I G.l j zo \ q L S O z o � z o S Y _U a' 7-��--.___ w �� l'1 Q 55 • �L� z d !Y d OF RICy {)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 RBG/ksr 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 8 6' Nzv� i�A/s3 'may hh i � N N 0 yy K a �z 7 > SK3w3S�t� ar+�77L9Mp- cL r�v� tH�iw <rKv any H o-aa w z unrn u �7ad HAGP W A( 7 ,�L 2 a N � K r w 4 Pz v YI qua Y HyU7 VI u h w Y p'q o to o� y 7 W14) d 3z r_ Q � J 4z Q z CL Ld z d 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 �4 By: John E. Beals Reg. Surveyor No. 7955 N o. 7955 State of Indiana s`raze of W/O 17188A ;"1�AN P M tr r c �v/ z ZVIV/ Uti's��yl—U hfiL �y � M.-SYv Loop S 0 3 V M� Q 0 r-y "Sh-6ro�N .4l9FS N W o 1l a o N rn„sz,6s er�t SS/L fs i zt� ,c6'66t � •oDH 1p 9 K� 0 1' 5A Q— -u Za plh a ¢oh W H 0 sLu tzj N LLA Q N, 2 A H LL, 4 (J O v r � C Al�J • N� N Z Vl r pl VA�k m h� x av •o r on T+ .y�y ntioog £ 6�/lf E t'M:sx"1rs Y h/i nt'S yr, u9 YL'ht6f 5�6hlO�jr,61 .45 t� y, '-IuT �j. �g 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 3 X I fr ^{ V P j z V l LL, QWf u �a 0,no�. • • hZ J d 7pP 0 W U 3 -a� M� Q GN r Y v� q<A'WQ Y �LkV,mH ZfG V mCL� wNl N N J N a N _ H N J r� lu 0- W pC z H to F3 a r O Q W V r �L C �N 0 M .� d 0. 5 Z uw r Q lip N J 3 o x b r Z p •� V 5r o� 4c £6�b1S ?;fin ntiooS �-�✓va' M,syr.,y,o �s fi � /Y ILt'hlbt I ' ST6hto7661 a. LLSRT t� ��T(T ,Ll?33Ho�y Q' /� g,�P jr 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. ..�.. ` i � Yl li�Y;1 {K n � lrtl 1/ :w •F�,, I l rl.l .,,11�1 a�.�