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HomeMy Public PortalAbout086-1986 - VACATION - NORTHEAST CORNOER OF LOT 616 IN THAT PART OF THE CITYJAM 261987 BOOK 15PAGE160 � z 804 ORDINANCE NO. 86-1986 AN ORDINANCE VACATING A CERTAIN PUBLIC WAY WITHIN THE CITY OF RICHMOND, INDIANA. WHEREAS, Holland Colors Inc. has petitioned the Common Council of the City of Richmond, Indiana requesting to vacate a part of a certain twenty (20) foot 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/ / , 1986; and, WHEREAS, a study of this Ordinance was conducted by the Richmond' City Plan Commission on the aSCZ day of 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 0 in favor of/i eppesition to recommending passage of Ordinance No. 86-1986. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, as follows: SECTION 1. The public way described below is hereby vacated: Beginning at the northeast corner of Lot 616 in that part of the City of Richmond, Indiana laid out by Elizabeth Starr; thence in an easterly direction twenty (20) feet, more or less, to the northwest corner of Lot 623 in said Elizabeth Starr's Addition; thence in a southerly direction along the west boundary lines of Lot 623 and 624 of said Elizabeth Starr's Addition to the southwest corner of Lot 624 in said Elizabeth Starr's Addition; thence in a westerly direction twenty (20) feet, more or less, to the southeast corner of Lot 615 in said Elizabeth Starr's Addition; thence in a northerly direction along the east boundary lines of Lots 615 and 616 in said Elizabeth Starr's Addition to said 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 this day of 1986 by the Common Council of the City of Richmgnd, Indiana. P esident of Co Mon Council jZane R. Brookbank ATTEST:CtLt�y City C1 rk Mary Merchanthouse PRESENTED by me to the Mayor of the City of Richmond, Indiana this ?CZ day of _ ad& „_/uc , 1986. City Cl rk Mary Merchanthouse APPROVED BY ME, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this Z6?- day of �L.. , �1�._ _,1986. Mayor Frank H. Waltermann ATTEST: City CX/erlk Mary Merchanthouse BOOK �PacE�b Ordinance No. 86-1986 Page 2 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, which acknowledge their proper authority to execute the aforegoing Ordinance No. 86-1986. Notary Public p U� Carol E. Brady �.;.•,`; "'•,�C1 Resident of Wayne County i C-Xy,'Cgmli :ss%on Expires: 2/28/88 This instrument prepared by Kenneth E. Barden, Attorney at Law. BOOK 15RGE16: D COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA PETITION OF HOLLAND COLORS INC. FOR THE VACATION OF CERTAIN PUBLIC WAY Comes now the petitioner, Holland Colors Inc., pursuant to I.C. 36-7-3-12, and petitions the Common Council of the City of Richmond, Indiana as follows: 1. The petitioner is the owner of certain industrial real estate located in Richmond, Wayne County, Indiana, and being more particularly described as follows to -wit: Lot Six Hundred Fifteen (615) and Six Hundred Sixteen (616) in that part of the City of Richmond laid out by Elizabeth Starr. Also Twenty (20) feet off the entire west side of the following described real estate: Lot Six Hundred Twenty-four (624) and Sixty (60) feet off the south side of Lot Six Hundred Twenty-three (623) in that part of the City of Richmond laid out by Elizabeth Starr. 2. Contiguous to said real property owned by petitioner is part of a twenty (20) foot alley or public way that is not used nor developed as such nor for any other public purpose. 3. Petitioner maintains said alley or public way and desires to have more efficient control and access over said property in conjunction with its industrial use of same. 4. Petitioner hereby requests to vacate said part of said alley or public way contiguous to petitioner's said real estate as follows: Beginning at the northeast corner of Lot 616 in that part of the City of Richmond laid out by Elizabeth Starr; thence in an easterly direction twenty (20) feet, more or less, to the northwest corner of Lot 623 in said Elizabeth Starr's Addition; thence in a southerly direction along the west boundary lines of Lots 623 and 624 of said Elizabeth Starr's Addition to the southwest corner of Lot 624 in said Elizabeth Starr's Addition; thence in a westerly direction twenty (20) feet, more or less, to the southeast corner of Lot 615 in said Elizabeth Starr's Addition; thence in a northerly direction along the east boundary lines of Lots 615 and 616 in said Elizabeth Starr's Addition to said place of beginning. 5. The owners of all land abutting the said alley or public way proposed to be vacated are as follows: B04K 1vPAGE163 Name Holland Colors Inc. Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Address 1235 North "F" Street, Richmond, IN 47374 775 Centre City Tower 650 Smithfield Pittsburgh, Pa. Legal Description See Paragraph No. 1 Lot (623) in that part of the City of Richmond laid out by Elizabeth Starr EXCEPTING therefrom Sixty (60) feet off the south side of said lot. 6. The names and addresses of other nearby property owners who may have an interest in the proposed vacation, as shown by the records of the Wayne County Auditor, being those property owners owning real estate contiguous to that part of the said alley or public way not requested to be vacated herein, running generally south from the subject tract to North E Street, are set forth in Exhibit A attached hereto and incorporated herein. 7. Letters from all public utilities confirming that each utility is not occupying nor using any part of said alley or public way requested to be vacated and that each utility does not object to the proposed vacation are attached hereto, marked Exhibits Bl (Richmond Gas Corporation), B2 (General Telephone Company of Indiana, Inc.), B3 (Indiana -American Water Co. Inc.), B4 (Richmond Power & Light), and B5 (Richmond Sanitary District). 8. Attached hereto, marked Exhibit C and incorporated herein, is the plat of the general area in question including the lots described above and the tract requested to be vacated. 9. Petitioner requests that notice of this petition and of time and place of hearing be given as prescribed by law. WHEREFORE, petitioner, Holland Colors Inc., respectfully request that a public hearing be conducted on its petition for the vacation of the above described alley or public way and that said alley or public way thereafter be vacated. HOLLA COLORS INC aul J. Bertsch, } Vice President BOOK 15PAGE164 STATE OF INDIANA ) ) SS: COUNTY OF WAYNE ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Holland Colors Inc., by Paul J. Bertsch, its Vice President, who acknowledged the execution of the above and foregoing instrument as his voluntary act and deed on behalf of said corporation, for the uses and purposes therein set forth and that the matters set forth therein are true to his knowledge and belief. �i WITNESS my hand and Notarial Seal this day of October, Si n Name) o cI -14 ( Print Name) �. �.. Notary Public, A resident of Wayne County, Indiana Commission expires: ' RITA-J WWI NOTARY PUBLIC STATE CF IMIANA NAYU COUNTY NY CONNISSION ERF. AUG. 3,1990 bou 15PAGE165 Name *Lot Mosey Manufacturing 614, 613 and 612 Company, Inc. Constantine A. and 611 Colopy Marker Cleo Hockett 1 Eugene Armstrong 6 Elmore and Mary 625 Elizabeth Cottongim Orville and Claudie 626 Cottongim Raymond and Bernice 627 and Pt. 628 Crane Mark and Pt. 627 and Freda Swingle Pt. 628 William J. Cassel Pt. 628, and 629 and Beverly J. Cassel Bernard J. Young Pt. 630 and Katherine S. Young * (See Plat - Exhibit C) Mailina Address 262 Fort Wayne Avenue Richmond, Indiana 47374 337 Minneman Road Richmond, Indiana 47374 505 North 15th Street Richmond, Indiana 47374 1514 North E Street Richmond, Indiana 47374 522 North 16th Street Richmond, Indiana 47374 518 North 16th Street Richmond, Indiana 47374 516 North 16th Street Richmond, Indiana 47374 514 North 16th Street Richmond, Indiana 47374 506 North 16th Street Richmond, Indiana 47374 1208 E. Main Street Richmond, Indiana 47374 Exhibit A Wb i I mE D6 1986 To Whom It May Concern: This is to confirm that the Richmond Gas corporation is not occupying nor using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alley upon said tract: Beginning at the northeast corner of Lot 61.6 in that part of the City of Richmond laid out by Elizabeth Starr; thence in an easterly direction twenty (20) feet, more or less, to the northwest corner of Lot 623 in said Elizabeth Starr's Addition; thence in a southerly direction along the west boundary lines of Lots 623 and 624 of said Elizabeth Starr's Addition to the southwest corner of Lot 624 in said Elizabeth Starr's Addition; thence in a westerly direction twenty (20) feet, more or less, to the southeast corner of Lot 615 in said Elizabeth Starr's Addition; thence in a northerly direction along the east boundary lines of Lots 615 and 616 in said Elizabeth Starr's Addition to said place of beginning. By William Misner, Vice President - Distribution Richmond Gas Corporation Exhibit Bl. BOOK 15PdGE1 7 Cq. Z�j , 19 8 6 To Whom It May Concern: This is to confirm that General Telephone Company of Indiana, Inc. is not occupying nor using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alley upon said tract: Beginning at the northeast corner of Lot 616 in that part of the City of Richmond laid out by Elizabeth Starr; thence in an easterly direction twenty (20) feet, more or less, to the northwest corner of Lot 623 in said Elizabeth Starr's Addition; thence in a southerly direction along the west boundary lines of Lots 623 and 624 of said Elizabeth Starr's Addition to the southwest corner of Lot 624 in said Elizabeth Starr's Addition; thence in a westerly direction twenty (20) feet, more or less, to the southeast corner of Lot 615 in said Elizabeth Starr's Addition; thence in a northerly direction along the east boundary lines of Lots 615 and 616 in said Elizabeth Starr's Addition to said place of beginning. By Lar Knight, Senior Engineer - Network General Telephone Company of Indiana, Inc. Exhibit B2 BOOK 15 VAGE168 September 24 1986 To Whom It May Concern: This is to confirm that the Indiana -American Water Co., Inc. is not occupying nor using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alley upon said tract: Beginning at the northeast corner of Lot 616 in that part of the City of Richmond laid out by Elizabeth Starr; thence in an easterly direction twenty (20) feet, more or less, to the northwest corner of Lot 623 in said Elizabeth Starr's Addition; thence in a southerly direction along the west boundary lines of Lots 623 and 624 of said Elizabeth Starr's Addition to the southwest corner of Lot 624 in said Elizabeth Starr's Addition; thence in a westerly direction twenty (20) feet, more or less, to the southeast corner of Lot 615 in said Elizabeth Starr's Addition; thence in a northerly direction along the east boundary lines of Lots 615 and 616 in said Elizabeth Starr's Addition to said place of beginning. By oe Jo O'Day, Oper ons Manager I Tana -America ater Co., Inc. Exhibit B3 BOOK LnGF169 ae,,l 02 1986 To Whom It May Concern: This is to confirm that Richmond Power & Light is not occupying nor using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alley upon said tract: Beginning at the northeast corner of Lot 616 in that part of the City of Richmond laid out by Elizabeth Starr; thence in an easterly direction twenty (20) feet, more or less, to the northwest corner of Lot 623 in said Elizabeth Starr's Addition; thence in a southerly direction along the west boundary lines of Lots 623 and 624 of said Elizabeth Starr's Addition to the southwest corner of Lot 624 in said Elizabeth Starr's Addition; thence in a westerly direction twenty (20) feet, more or less, to the southeast corner of Lot 615 in said Elizabeth Starr's Addition; thence in a northerly direction along the east boundary lines of Lots 615 and 616 in said Elizabeth Starr's Addition to said place of beginning. B RI—UH-ard Barker Engineering and Operating Manager Richmond Power & Light Exhibit B4 BOOK 15RGE170 To Whom It May Concern: This is to confirm that the Richmond Sanitary District is not occupying nor using any part of the following described real estate in Richmond, Wayne County, Indiana and, accordingly, does not object to the vacation of the alley upon said tract: Beginning at the northeast corner of Lot 616 in that part of the City of Richmond laid out by Elizabeth Starr; thence in an easterly direction twenty (20) feet, more or less, to the northwest corner of Lot 623 in said Elizabeth Starr's Addition; thence in a southerly direction along the west boundary lines of Lots 623 and 624 of said Elizabeth Starr's Addition to the southwest corner of Lot 624 in said Elizabeth Starr's Addition; thence in a westerly direction twenty (20) feet, more or less, to the southeast corner of Lot 615 in said Elizabeth Starr's Addition; thence in a northerly direction along the east boundary lines of Lots 615 and 616 in said Elizabeth Starr's Addition to said place of beginning. J Barnhizer, Supe i or ich nd Sanitary District Exhibit B5 0 4 np. Exhibit C