HomeMy Public PortalAbout031-1986 - VACATION - NORTHWEST K STREET RUNNING EAST BETWEEN LOT 21 IN THE GRISWOLD ADDITION AND THE PENNSYLVANIA RAILROAD RIGHT-OF-WAYa�9 JUN 9 '��
BOOK �,,, PAGElli�
ORDINANCE NO. 31-1986
AN ORDINANCE VACATING THAT PORTION OF NORTHWEST "K" STREET
RUNNING EAST BETWEEN LOT 21 IN THE GRISWOLD ADDITION AND THE
PENNSYLVANIA RAILROAD RIGHT--OF--WAY; AND ALSO VACATING A PORTION
OF A FOURTEEN (14) FOOT ALLEY RUNNING NORTH OFF OF NORTHWEST "K"
STREET.
WHEREAS, Productivity Corporation has petitioned the Common
Council of the City of Richmond requesting to vacate
a portion of Northwest "K" Street and a certain
fourteen (14) foot wide alley; and,
WHEREAS, the Common Council pursuant to the provisions of I.C.
36-7-3-12, conducted a public hearing on said
vacation petition on � 5" , 1986; and,
WHEREAS, a study of this Ordinance was conducted by the
Richmond City, Plan Commission the 7,7i,,oG day
h�L 1986, 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 z in favor of/4
recommending passage of Ordinance No. 31-19n6.
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:
The following described real estate all being situate
in the City of Richmond, County of Wayne, State of
Indiana, and more particularly described as follows,
to -wit:
Beginning in the south right-of-way line of Northwest
"K" Street at a point which is approximately 33 feet
South 0 degrees, 13 minutes East of an iron pipe
situate at the Southeast corner of Lot Number 21 in
Griswold's Addition to the City of Richmond, Indiana;
thence from said beginning point North 0 degrees 13
minutes west across Northwest "K" Street and
continuing along the east lines of Lots Number 21, 20
and 19 of said Griswold's Addition 162.75 feet more
or less to the northeast corner of said Lot 19;
thence North 89 degrees 58 minutes east 14 feet
parallel to said Northwest "K" Street to the west
line of Lot Number 22 of said Griswold's Addition;
thence South along the west line of Lot Number 22 of
said Griswold's Addition 129.75 feet to the southwest
corner of Lot Number 22 of said Griswold's Addition;
thence eastwardly 40 feet along the north
right-of-way line of said Niorthwest "K" Street to
the west right-of-way line of the Pennsylvania
Railroad; thence southwardly 33.35 feet along the
westerly right-of-way line of said railroad to the
south right-of-way line of Northwest "K" Street;
thence South 89 degrees 58 minutes west along the
south right-of-way line of said Northwest "K" 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.
BOOK 15PAGE115
ORDINANCE NO. 31-1986
Page 2
PASSED AND ADOPTED this <S� day of 222.tt,c7 , 1986,
by the Common Council of the City of Richmond, Indiana.
President of Common Counci
Richard W. Bodiker
ATTEST:
City C l e Mary Merchanthouse
PRESENTED to the.Mayor of the City of Richmond, Indiana, this
day of 1986.
Mayor
ATTEST: Frank H. WaltermaM
C i t y C 1 r k Mary Merchanthouse
STATE OF INDIANA )
SS
COUNTY OF WAYNE )
Personally appeared before me, a notary in and for said County and State, the above
named individuals, having the authority to execute said document..
Dated.this 8th day of April 1986.
r Carol E. Brad Notar
Y. Y Public
Resident of Wayne County
/i1Expires:_/8�i��
This instrument prepared by Kenneth E. Barden, Attorney at law.
BOOK 19PAGElla
PD P - g,�v-1
STATE OF INDIANA )
SS:
COUNTY OF WAYNE )
IN THE MATTER OF THE PETITION )
OF CITY OF RICHMOND, INDIANA )
(For the Use and Benefit of Its )
Department of Development), AND )
PRODUCTIVITY CORPORATION, LESSEE, )
FOR THE VACATION OF PUBLIC WAYS )
BEFORE THE COMMON COUNCIL OF
THE CITY OF RICHMOND, INDIANA
PETITION FOR THE VACATION OF PUBLIC WAYS
COME NOW the Petitioners, City of Richmond, Indiana (For the Use and
Benefit of Its Department of Development), and Productivity Corporation,
Lessee, pursuant to the provisions of IC 36-7-3-12, respectfully petitions the
Common Council of the City of Richmond, Indiana, as follows:
1. Co -Petitioner, City of Richmond, Indiana (For the Use and Benefit
of Its Department of Development), is a municipal corporation organized
under the laws of the State of Indiana, havings its municipal offices at
50 North Fifth Street, Richmond, Indiana.
2. Co -Petitioner, Productivity Corporation, Lessee, is a corporation
organized under the laws of the State of Indiana, having its principal
offices at 425 Northwest "K" Street, Richmond, Indiana.
3. Co -Petitioner, Productivity Corporation, Lessee, is represented
herein by its counsel, Bowen, Cecere & Horn, P.C., Andrew C. Cecere, 101
South Tenth Street, Richmond, Indiana 47374 (Telephone: 317-966-5521).
4. Co -Petitioner, Productivity Corporation, is the Lessee of certain
real estate situate in Richmond, Wayne County, Indiana, pursuant to an
Economic Development Revenue Bond subsequently assigned from K. B. Lami-
nates, Inc. and is occupied and used for manufacturing purposes.
5. Co -Petitioners, having acquired their interest in contiguous real
estate, now seek to expand its open storage area to facilitate new product
production and intends to fence the entire vacated area along with certain
contiguous real estate previously acquired by Co -Petitioners.
6. Co -Petitioners seek to effect the vacation of the public ways
described and shown on the attached plat "Exhibit A". The property which
is proposed to be vacated is depicted by slash marks and includes the east
terminal point of Northwest "K" Street at the railroad, where no crossing
or bridge exists at said railroad; a nearly indistinguishable alley which
lies west of and terminates at the north end of Co -Petitioners' current
property line; private property borders on the west of said alley; and
boa 15PAGE117
Co-Petitioners'contiguous property borders on the south.
7. The names and addresses of all owners of land that abut the
property proposed to be vacated are set forth on the attached "Exhibit B".
S. Co -Petitioners have contacted all affected utility services
located in said area proposed for vacation as set forth in "Exhibit C".
9. Co -Petitioners acknowledge that said proposed vacation should be
condition upon the preservation and/or adjustment and relocation of
presently existing utility easements and right-of-ways.
WHEREFORE, the Co -Petitioners, City of Richmond, Indiana, for the use and
benefit of its Department of Development, and Productivity Corporation, respect-
fully request that a public hearing be conducted on its petition for the vaca-
tion of the aforementioned public ways in accordance with the manner prescribed
in IC 36-7-3-12 and IC 5-3-1-1 et seq.
Respectfully submitted,
City of Richmond, Indiana, and
Productivity Corporation
BOWEN, CECERE & HORN, P.C.
B 0'."h B11
Andrew C. Cecere 1
Attorneys for Petitioners
Andrew C. Cecere
BOWEN, CECERE & HORN, P.C.
101 South Tenth Street
Richmond, IN 47374-5599
Telephone: (317) 966-5521
Brio 15PAGE119
EXHIBIT "A"
(CONT.)
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800K 15PAGE120
NAMES AND ADDRESSES OF ALL OWNERS OF LAND THAT ABUT
THE PROPERTY PROPOSED TO BE VACATED
James D. Luttrell
1201 Northwest Fourth Street
Richmond, Indiana 47374
Owner of record: Griswold's Addition, Lots 19, 20 and 21
John H. and Helen V. Lakamp
1215 Northwest Fourth Street
Richmond, Indiana 47374
Owner of record: Griswold's Addition, Lots 15, 16, 17, 18 and 22B
Penn Central Corporation, Successor to Pennsylvania Railroad
c/o President Agent, C.T. Corp.
One North Capitol
Indianapolis, Indiana 46204
Owner of Record: Contiguous Railroad right-of-way
City of Richmond, Indiana (For the Use and Benefit of Its Department
of Development)
50 North Fifth Street
Richmond, Indiana 47374
Owner of record: Griswold's Addition, Lot 22A; Poe and Lynde's Addition
Official Map Tract 5
EXHIBIT "B"
BOOK PAGE
UTILITY SERVICES IN THE AREA PROPOSED FOR VACATION
1. Richmond Power & Light
44 South Eighth Street
Richmond, IN 47374
2. General Telephone Company of Indiana
40 North Tenth Street
Richmond, IN 47374
3. Richmond Sanitary District
2380 Liberty Avenue
Richmond, IN 47374
4. Richmond Gas Corporation
33 South Seventh Street
Richmond, IN 47374
5. Indiana -American Water Company, Inc.
500 East Main Street
Richmond, IN 47374
6. Clearview Cable TV
U.S. Highway 27 North
Richmond, IN 47374
"EXHIBIT C"
REcoRDE®JUN 9 1986®R�s �. aviLT, R.wr.c 1 a : y0 /°/�