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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.) PDP-g�-I N. W. /,L „ o' 106' A $ /;45 160.3 25 °' o o N O '06 as' O, N N Q 1 14 15 a 2 13 16 ._ cl C1 3 E2 -w- v f7 _ a 0 a ! 18OF 22 5 101146 19 v ti'1 8 9 Q 20 kl m 7 8 21 D � 1l0.5 SS• 125' `r Q•p° SS u+ M • 1zs. ' q� !V. w _ 10, f1 ,139.2 146.8' 5' o f n_ i M 0. M. 4 rn 0. M. 5 y f- Im N N }7 M • 16 3, 2 2' 17 9. 9 8, Il_r. 244' 1 B. G-1 p 1 1 Y73.35' I {39.2' 118. 65' - 100�. l� i _ 17-�i•I 173.35 � 'v� - io •y ? l r�. n • ,�. 180.58 10 m 6o, 50, 139.2 .. � li6.b5' 2 S TREE T Q 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 /°/�