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Home My Public Portal About074-1986 - VACATION - 20FT WIDE ALLEY RUNNING WEST OFF COLLEGE AVENUEJ 105277 AMENDED GENERAL ORDINANCE NO.74-1986 WIT-RE-10-nNTY REGORDER AN ORDINANCE VACATING A CERTAIN 20 FOOT WIDE ALLEY RUNNING WEST OFF OFCOLLEGE AVENUE. 1,88 NO 5 HM i1 30 WHEREAS , Earlham College has petitioned the Common Council of the City of Richmond, Indiana requesting tovacate a certain 20 footwide alley running west off of College Avenue; 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 November 3, 1986 WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission on the 28th day of October, 1986, atwhich 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 10 to 0 in favor of recommending passage of Ordinance No. 74-1986. 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 and subject to the granting of a perpetual ingress/egress easement f rom College Avenue to the owner of Lots 4 and 5 in the Wayne County Commissioner's subdivision , the public alley described below is hereby vacated: Beginning at the southeast corner of Lot I in Wayne County Commissioner's Subdivision of Lot 5 4 of Hugh Maxwell's Addition in Earlham Place to the City of Richmond where it joins the west line of College Avenue; running thence west along the south line of Lots 1 to 5 inclusive in said Addition a distance of 2 3 5 feet more or less to the east line of a 2 0 foot alley; running thence south 2 0 feet to the northwest corner of Lot 6 in said Addition; thence east 23 5 6 feet more or less to the northeast corner of said Lot 6 where it joins the west line of College Avenue; thence north along the west line of College Avenue 2 0 feet 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. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this 3.A?b dayof November, 1986. LL�ll/ . President of Common Council PRESENTED by me to the Mayor of the City of Richmond, Indiana ,thia, (Od day of November, 1986. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this y-�/ day of . Navemher , 1986. Mayor VOK Amended'Ordinance No. 74-1986 Page 2 COUNTY OF WAYNE ) SS: STATE OF INDIANA ) Personally appeared before me the above named Frank H. Waltermann, Richard Bodiker and Mary Merchanthouse, and acknowlege proper authority to execute Amended Ordinance No. 74-1986. Sub_ge`i b(edpp'd:,sworn to before me this 3rd day of Nov mb.r, 1986. n - Carol E. Brady, Notary Publ'c Resident of Wayne County My Co`Mni1 expires: BOOK 15 PAG0 � 1' I • 9iF i 1 [ 'E AL :�- yy�/1�C.auL 1 M I - jSl I 1— 0 ��• L4 ion+ TRIILdL000 Ma�ra� fawiwR ff J A TO: THE COMMON COUNCIL OF THE CITY OF RICHMOND PETITION FOR VACATION OF PUBLIC ALLEY COMES NOW the Petitioner, Earlham College, and pursuant to the provisions of IC 36-7-3-12, represents to and respectfully petitions the Common Council of the City of Richmond, Indiana, as follows: 1. That the Petitioner is the owner of Lots 1, 2, 3, Part of 4, and 6 in Wayne County Commissioners' Subdivision of Lot 54 of Hugh Maxwell's Addition in Earlham Place in the City of Richmond. That Lots 1, 2, 3 and the part of Lot 4 owned by Petitioner in said Addition lie on the north side of a certain public alley which runs in a westerly direction from College Avenue in Richmond, Indiana. That said Lot 6 in said Addition runs along the entire south side of said public alley. 2. That Manley A. Lawrence and Josephine A. Lawrence, husband and wife, are shown as the owners of Part of 4 and Lot 5 in said Addition, which said lots are situate on the north side of said public alley. That the said Manley A. Lawrence is now deceased, and his widow,'Josephine A. Lawrence, resides at 615 National Road West, Richmond, Indiana 47374. 3. That Petitioner desires to vacate said public alley, which alley said Petitioner desires to vacate is more specifically described as follows: Beginning at the southeast corner of Lot 1 in Wayne County Commissioners' Subdivision of Lot 54 of Hugh Maxwell's Addition in Earlham Place to the City of Richmond where it joins the west line of College Avenue; running thence west along the south line of Lots 1 to 5 inclusive in said Addition a distance of 235 feet more or less to the east line of a 20 foot alley; running thence south 20 feet to the northwest corner of Lot 6 in said Addition; thence east 235 feet more or less to the northeast corner of said Lot 6 where it joins the west line of College Avenue; thence north along the west line of College Avenue 20 feet to the place of beginning. -2- 4. That Petitioner desires to vacate said alley in order that its vacated portion of the alley may be used as additional campus including the addition of grass, bushes and flowers as appropriate. 5. That Petitioner will give and grant to Josephine A. Lawrence a perpetual easement in and over its property so that she and her successors in title will have vehicular access to National Road West from her property. Further, Petitioner will agree to maintain said easement as it will be used by both the Lawrence property and the Petitioner. 6. That Petitioner states that the alley above described is not necessary to the growth of the City of Richmond; that the vacation of the same would not cut off the public's access to any church, school or other public building or grounds. 7. That Petitioner has contacted all affected utility services located in said area proposed for vacation. That Petitioner acknowledges that said proposed vacation should be conditioned upon the preservation of the presently existing utility easements and rights of way. WHEREFORE, the Petitioner respectfully requests that a public hearing be conducted on its petition for the vacation of the aforementioned public alley and that thereafter the Common Council of the City of Richmond vacate said public alley, all in accordance with the manner prescribed in IC 36-7-3-12 and IC 5-3-1-1, et seq. Respectfully submitted, RELLER, MENDENHALL, KLEINKNECHT, PUCKETT, MILLIGZN & CROSS By eorg Reller At or eys for Petitioner 2 North 8th Street Richmond, IN 47374 Telephone: 962-1541 RECORDED A UG 5 198 DEBORAM S. SMITH R.W.0