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Home My Public Portal About062-1987- VACATION - NORTHWEST 2ND ST RUNNING BETWEEN THE NORTH LINE OF WEST MAIN ST AND THE SOUTH LINE OF THE FIRST ALLEY NORTH OF WEST MAIN STGENERAL ORDINANCE NO. 62-1987 AN ORDINANCE VACATING THAT PORTION OF NORTHWEST 2ND STREET RUNNING BETWEEN THE NORTH LINE OF WEST MAIN STREET AND THE SOUTH LINE OF THE FIRST ALLEY NORTH OF WEST MAIN STREET IN THE CITY OF RICHMOND, INDIANA. WHEREAS, the Richmond Coca-Cola Bottling Company, Inc., has petitioned the Common Council of the City of Richmond, Indiana, requesting to vacate that portion of Northwest 2nd Street running between the north line of West Main Street and the south line of the first alley north of West Main Street; and, WHEREAS, the Common Council, pursuant to the provisions of I.C. 36-7-3-12, conducted a public hearing on said vacation petition the day of , 1987; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of 1987, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was to in favor of/in opposition to recommending the passage of Ordinance No. 62-1987. 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 existing utilities, the public way described below is hereby vacated: Beginning at the intersection of the north line of West Main Street with the west line of Northwest 2nd Street, thence north along the west line of Northwest 2nd Street to the south line of the first alley north of West Main Street, thence east along the south line of said alley extended to its intersection with the east line of Northwest 2nd Street, thence south along the east line of Northwest 2nd Street to its intersection with the north line of West Main Street, thence west along the north line of West Main Street to the place of beginning. SECTION 2. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. President of Common Council ATTEST: City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of ,1987• City Clerk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of 1987. Mayor ATTEST: City Clerk STATE OF INDIANA ) ) SS: COUNTY OF WAYNE ) IN RE: THE MATTER OF ) 1 RICHMOND COCA -COLA BOTTLING COMPANY, INC. ) FOR VACATION OF A PUBLIC WAY ) PETITION FOR VACATION OF A PUBLIC WAY Petitioner, Richmond Coca-Cola Bottling Company, Inc., an Indiana corpora- tion, pursuant to the provisions of I.C. 36-7-3-12, does hereby petition the Common Council of the City of Richmond, Indiana, as follows: 1. Petitioner is the owner of all lots and parts of lots which are adja- cent and contiguous to the east side and to the west side of Northwest Second Street from West Main Street north to the first alley north of West Main Street in the City of Richmond, Wayne County, Indiana. 2. Petitioner conducts a business of the sale and distribution of soft drink beverages and allied products upon and from the real estate owned by the Petitioner in the City of Richmond, Wayne County, State of Indiana, more particularly described as follows: PARCEL I: Lots numbered forty-two (42), forty-three (43), forty-four (44), and forty-five (45), excepting sixty (60) feet in width off the entire South side of lots forty-four (44) and forty-five (45), all in Oliver Kinsey's Addition to the City of Richmond. ALSO lot numbered eighteen (18) in that part of the City of Richmond, laid out by Oliver Kinsey. PARCEL II: Lot Number Twenty-one (21) in that part of the City of Richmond laid out by Oliver Kinsey. ALSO: A strip of ground twenty-nine (29) feet wide off of the entire east side of Lot Number twenty- seven (27) on the first or original plat of West Richmond, as laid out by Oliver Kinsey, and now within the corporation limits of the City of Richmond, Indiana. and being commonly known as 110 thru 208 West Main Street. 3. Northwest Second Street bisects the two parcels. 4. Petitioner utilizes buildings on the east side of Northwest Second Street for receipt of numerous items including materials, inventory, merchandise, equipment, soft drink syrup and warehouses these items in these buildings prior to distribution. 5. Petitioner utilizes the real estate on the west side of Northwest Second Street for parking of commercial vehicles and trucks, loaded and unloaded, and of vehicles of employees. 6. Motor vehicles owned by Petitioner are daily required to cross Northwest Second Street numerous times in the normal conduct of business. 7. The vehicles of petitioner in crossing Northwest Second Street create a hazard to pedestrians. 8. Northwest Second Street proceeds one (1) block immediately north from West Main Street and dead ends. 9. Vehicles stored upon the real estate of Petitioner are subject to van- dalism and in the event of vacation as requested the entire area could be secured to prevent same. 10. The property proposed to be vacated is situate in the City of Richmond, County of Wayne, State of Indiana, described as follows: Beginning at the intersection of the south line of West Main Street with the west line of Northwest Second Street, thence north along the west of Northwest Second Street to the south line of the first alley north of West Main Street, thence west along the south line of said alley extended to its intersection with the west line of Northwest Second Street, thence south along the west line of Northwest Second Street to its intersection with the north line of West Main Street, thence east along the north line of West Main Street to the place of beginning. 11. Petitioner as listed below owns all the real estate abutting the public way to be vacated: Richmond Coca-Cola Bottling Company, Inc. 110 West Main Street Richmond, Indiana 47374 12. The names and addresses of nearby property owners who may have an interest in the proposed vacation are set forth in the attached Exhibit "A", incorporated herein and made a part hereof. - 2 - 13. A list of those utility companies who will be contacted to ascertain the effect of the proposed vacation upon the existing utility services is set forth and attached as Exhibit "B", and incorporated herein by reference. It is acknowledged by Petitioner that the vacation herein requested should be subject to the preservation of presently existing utility easements and right-of-way. WHEREFORE, Petitioner, Richmond Coca-Cola Bottling Company, Inc., respect- fully requests that a public hearing be conducted on its petition for the vaca- tion of the above -described public way in accordance with the provisions of I.C. 36-7-3-12 and I.C. 5-3-1-1 et seq. RICHMOND COCA -COLA BOTTLING COMPANY, INC. By amuel M. Witherby SUBSCRIBED AND SWORN to before me this 15th day of October, 1987. Robert L. O'Maley, Notary P blic residing in Wayne County, ndiana My Commission expires: April 9, 1990 Robert L. O'Maley O'MALEY & O'MALEY, P.C. 200 West End Federal Savings Bank 34 South Seventh Street Richmond, Indiana 47374 Telephone: (317) 966-6663 - 3 - LIST OF PROPERTY OWNERS 100 Block West Main Street NAME AND ADDRESS LEGAL Point Development Co., an Indiana partnership 521 Toschlog Road Richmond, Indiana 47374 Richmond Coca-Cola Bottling Company, Inc. 110 West Main Street Richmond, Indiana 47374 60 Ft. S End Lot 44 OK 60 Ft. S End Lot 45 OK Lot 42, 43, N Pt. 44, N Pt. 45, 18, 21, Pt. 27 OK 132' m 04 N O O N Z� m N 4- m N o OD r N N -P (A -P 4 A 1� N O1 132 UI u 132' W � � V� m N c/) O OD zb N 0 NORTH WEST N 160.33' 16, I6 D.33' N N coil tA� b y o e N N -p — N N W N W 110 N D N N O N D 00 o = m w N En � 07 00 N N ]> m 00 N N 0 OD cn a A A � — w N W m 16` N OD N W 160,33' /V• W. - F / f LIST OF PROPERTY OWNERS 200 Block West Main Street NAME AND ADDRESS LEGAL Richmond Coca-Cola Bottling Lot 21 and 29' off E Side Lot 27 OK Company, Inc. 110 West Main Street Richmond, Indiana 47374 Webb, Orville R. & Gertrude W. Richmond 53.50 Ft. W Side Lot 27 OK 1950 Reeveston Road Richmond, Indiana 47374 Chasteen, Monie & Ethel E. 50 Ft. x 132 Ft. E Side Lot 30 OK 218 West Main Street Richmond, Indiana 47374 Shepard, James K. & Judith R. 322 Ft. W Side Lot 30 OK 71 Ft. E Side Lot 35 OK 222 West Main Street Richmond, Indiana 47374 Thomas, Carl & Lois L. 34 Ft. E Side Lot 35 OK 720 Abington Pike Richmond, Indiana 47374 Mitchell, Gus & Mary 451 Ft. W Pt. Lot 33 OK 5 Ft. W Side of 122 Ft. 310 South llth Street of E. Side Lot 35 OK Richmond, Indiana 47374 LIST OF PROPERTY OWNERS 100 Block Kinsey Street NAME AND ADDRESS LEGAL Dickey, Albert & Ellene Sub of Lot 1 E A N 4 Ft. E Side Lot 2 E A N 103 Kinsey Street Richmond, Indiana 47374 Turoczy, Ronald P. & Eva K. 372 Ft. W Side Lot 2 Newkirk's Addition 430 Chester Drive Richmond, Indiana 47374 Haynes, Nola L. E N Nerkirk's Sub. Lot 3 E A N 109 Kinsey Street Richmond, Indiana 47374 Foust, Robert R. Lot 4 E A N Newkirk's Sub. of Lot 5 & 6 OK 115 Kinsey Street Richmond, Indiana 47374 Lafuze, Michael K. & 40 Ft. E Pt. Lot 19 OK Nadine R. 117 Kinsey Street Richmond, Indiana 47374 Caldwell, Alfred Ray & 422' Ft. W S N End Lot 19 OK Nancy Elise 119 Kinsey Street Richmond, Indiana 47374 LIST OF PROPERTY OWNERS 200 Block Kinsey Street NAME AND ADDRESS LEGAL Morgenroth, Bernard J. & 42 Ft. E Pt. Lot 20 OK Mary Elizabeth 201 Kinsey Street Richmond, Indiana 47374 Dickman, James A. 222 Ft. E Side Lot 28 OK 13 Ft. Pt Lot 20 OK 1307 Toschlog Road 271 Ft. W Side Lot 20 OK Richmond, Indiana 47374 Mikesell, Dean M. & Edna F. 44 Ft. Lot 28 OK 211 Kinsey Street Richmond, Indiana 47374 Reid, Madge M. 16 Ft. Lot 28 OK 28 Ft. Lot 29 OK c/o Jonathon Tipton Contract with Jonathon Tipton, Jr. Box 1887 Richmond, Indiana 47374 Gingry, George W., Jr. Pt. 44 Ft. Kinsey Lot 29 OK 223 Kinsey Street Richmond, Indiana 47374 Craft, David E. & Betty 10.43 Ft. W Side Lot 29 OK 44 Ft. E Side Lot 36 OK 227 Kinsey Street Richmond, Indiana 47374 West End Federal Savings 47 Ft. W Side Lot 36 OK Bank 34 South Seventh Street Richmond, Indiana 47374 EXHIBIT "B" RICHMOND COCA -COLA BOTTLING COMPANY, INC. Petition to Vacate Richmond Gas Corporation Indiana -American Water Works General Telephone Richmond Power & Light Richmond Sanitary District