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Home My Public Portal About063-1986 - VACATION - 50FT FUTURE ROADWAY EASEMENT WITHIN THE HENLEY HILLS SUBDIVISION LOCATED BETWEEN LOTS 35 AND 36BOOK 15�� E � .�'� JAN 5 1987 ATIENDED ORDINANCE NO. 63-1986 AN ORDINANCE VACATING A CERTAIN FIFTY (50) FOOT FUTURE ROADWAY EASEMENT WITHIN THE HENLEY HILLS SUBDIVISION, SECTION TWO, IN THE CITY OF RICHMOND, INDIANA, LOCATED BETWEEN LOTS 35 AND 36. WHEREAS, the Humphrey Corporation has petitioned the Common Council requesting the vacation of a certain fifty (50) feet future roadway easement located in the Henley Hills Subdivision, between Tots 35 and 36; and, WHEREAS, said future roadway easement has yet to be developed, dedicated or accepted as a public thoroughfare; and, WHEREAS, the Humphrey Corporation desires to sell lots 35 and 36 to prospective purchasers who desire that said future roadway easement be vacated; 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 September 2, 1986; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 26th day of August, 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 nine (9) to zero (0) in favor of recommending passage of Amended Ordinance No. 63-1986. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of. Richmond, Indiana, as follows: SECTION 1. That conditioned upon the Humphrey Corporation submitting a request to the Richmond City Plan Commission to amend the primary plan of the Henley Hills subdivision to provide dedicated right-of-way to the eastern property line, the fifty (50) foot future roadway easement described below is hereby vacated. Being all of the fifty (50) foot future roadway easement, more particularly described as follows: Sixteen and thirteen hundredths feet (16.13) off of the south side of Lot 35 and thirty-three and eighty-seven hundredths (33.87) feet off the north side of Lot 36 in Henley Hills Subdivision, Section Two to the City of Richmond, Indiana SECTION 2. This Ordinance shall be in full force and effect from and after the passage and approval as by law required. PASSED AND ADOPTED this W117111- day of 1986, by the Common Council of the City of Richmond, Indiana. President of Common Council ATTEST: C'ft`y C�ertc DOCK IT&GEU56 PRESENTED to the Mayor of the City of Richmond, Indiana, this naG day of ��, , 1986. City CyArk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of 1986. FAF VIA ATTEST: City Clrk STATE OF INDIANA ) SS: COUNTY OF WAYNE ) Personally appeared before me a notary public in and for said County and State the above named persons, having the proper authority to execute said doc14rRent„on September 3, 1986. plf Carol E. Brady, Notary Public Resident of Wayne County e"t?jh. E W-Commission Expires Mfg 8� J Prepared by Kenneth E. Barden, Attorney at Law. -2- BEFORE THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION ) OF HUMPHREY CORPORATION FOR ) THE VACATION OF A PLATTED ) EASEMENT ) PETITION FOR THE VACATION OF A PLATTED EASEMENT The Petitioner, Humphrey Corporation, an Indiana corporation with principal offices in the City of Richmond, Wayne County, Indiana, pursuant to the provisions of IC 36-7-3-16 and IC 36-7-3-12, petitions the Common Council of the City of Richmond, Indiana, as follows: 1. Petitioner is a for -profit corporation organized under the laws of the State of Indiana and having its principal offices in the City of Richmond, Wayne County, Indiana. Petitioner is represented herein by its agent, Reller, Mendenhall, Kleinknecht, Puckett, Milligan & Cross, by Ronald L. Cross, 2 North 8th Street, Richmond, Indiana 47374; telephone 317-962-1541. 2. Petitioner is the owner of certain real estate more particularly described as follows: Lots Numbered 35 and 36 in the Henley Hills Addition, Section One, to the City of Richmond, Wayne County, Indiana more specifically described on the plat of said subdivision recorded at Plat Book 11, Page 506 in the Office of the Recorder of Wayne County, Indiana. 3. Petitioner is in the business of developing said real estate and other real estate within the Henley Hills Subdivision for residential purposes. The above described real estate is presently undeveloped except to the extent that the Petitioner has heretofore completed the construction of Waverly Drive and Lantern Trail as shown on said subdivision plat. 4. At the time said subdivision was platted, a 50 foot easement was reserved for potential use as a future roadway. Said easement is more particularly described as follows: Sixteen and thirteen hundredths feet (16.13) off of the south side of Lot 35 and thirty-three and eighty-seven hundredths (33.87) feet off the north side of Lot 36 in Henley Hills Subdivision, Section One, to the City of Richmond, Indiana. 5. The reserved roadway has yet to be developed, dedicated or accepted as a public thoroughfare. bOOK 15V%E�� - 2 - 6. Petitioner desires to sell Lot 35 and/or Lot 36 to a prospective purchaser or purchasers, each of whom wishes that said easement be vacated. 7. At the present time, the land immediately to the east of Lots 35 and 36 is used for agricultural purposes and has yet to be developed for residential or commercial purposes. 8. The Petitioner is willing to relocate a reserved easement along lands located to the south of said Lots 35 and 36 in order to accommodate the development of a future roadway to the lands lying adjacent and to the east. 9. Petitioner owns Lots 35 and 36 that abut the subject eastment to the north and south. The land which abuts the subject easement to the east is owned as follows: Mary Raper and Myra Quackenbush, 127 North 34th Street, Richmond, Indiana. The names of nearby property owners whose interests might be affected by the subject vacation are set forth on the attached "Exhibit A" made a part of this petition. 10. The Petitioner believes that there are no utility services that would in any way be affected by the proposed vacation, but at any rate acknowledges that such vacation as is herein sought shall be subject to and conditioned upon the preservation and/or adjustment and relocation of any such presently existing utility easements. WHEREFORE, the Petitioner, Humphrey Corporation, respectfully requests that a public hearing be conducted on its petition for the vacation of the above described platted easement in accordance with the provisions of IC 36-7-3-12; 36-7-3-16 and IC 5-3-1-1, et seq. Respectfully submitted, HUMPHREY CORPORATION By RELLER, MENDENHALL, KLEINKNECHT, PUCKETT, MILLIGAN & CROSS By U� onald L. Cross Attorneys for Petitioner 2 North 8th Street Richmond, IN 47374 Telephone: 962-1541 BOOK 1.5PACE�irt EXHIBIT A OWNERS OF NEARBY PROPERTY Name Property Description 1) Jessie 0. Brown III & Lot #21, Henley Hills §1 Leslie I. Brown 2) John C. Gaydosh & Lot #22, Henley Hills §1 Carol Ann Gaydosh 3) Timothy R. Schultz & Lot #23, Henley Hills §1 Linda S. Schultz 4) George M. Clinton & Lot #24, Henley Hills §1 Vicki A. Clinton 5) Jack T. Miller & Lot #25, Henley Hills §1 Billie J. Miller 6) Frank J. Lavallo & Lots #26, 27 & 28, Henley Hills §1 Theresa R. Lavallo 7) James M. Backmeyer Lots #40, 41 & 42, Henley Hills §1 8) Timothy J. Leveque & Lot #39, Henley Hills §1 Mary Jill Leveque 9) Robert C. Mills & Lot #38, Henley Hills §1 Lorraine Mills 10) Domingo L. Ang & Lots #315 32, 33 & 34, Henley Hills §1 Rosa U. Tan Ang ; � �� _ 13FBORAH S. SMITH R.W.C.