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HomeMy Public PortalAbout017-1985-VACATION - 16FT ALLEY RUNNING WEST OFF SOUTHWEST FIRST�©oK OCT 1 1985 GENERAL ORDINANCE NO. 17-1985 AN ORDINANCE VACATING THAT PORTION OF SOUTHWEST FIRST STREET RUNNING BETWEEN SOUTHWEST "E" AND SOUTHWEST "F" STREETS AND ALSO VACATING A PORTION OF A CERTAIN SIXTEEN (16)FOOT ALLEY RUNNING WEST OFF SOUTHWEST FIRST STREET. WHEREAS, the Richmond Community School Corporation has peti- tioned the Common Council of the City of Richmond, Indiana, requesting to vacate a certain portion of Southwest First Street and a certain portion of a sixteen (16) 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 on1985; and, WHEREAS; a study of this Ordinance was conducted by the Rich- mond City Plan Commission the day of , 1985, 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/ recommending passage of Ordinance No. 17-1985. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, as follows: SECTION 1. That subject to the preservation, adjustment or relocation of all easements for utilities, the pub- lic ways described below are hereby vacated: Commencing at the intersection of the western boundary of the right-of-way of said Southwest First Street with the northern boundary of the right-of-way of Southwest "E" Street; thence southwardly along the western line of the said Southwest First Street right-of-way to the inter- section of said right-of-way with the northern boundary of the right-of-way of Southwest "F" Street (extended across said Southwest First Street; thence eastwardly along the northern boundary of the right-of-way of said Southwest "F" Street, across Southwest First Street to the eastern line of the right-of-way of the said Southwest First Street; thence northwardly along the eastern line of the right-of-way of said Southwest First Street to the intersection of the northern boundary of the right-of-way for Southwest "E" Street (extended across said South- west First Street); then westwardly along the northern boundary (as extended) of said South- west "E" Street to the intersection of said right-of-way with the western right-of-way line of said Southwest First Street, being the place of beginning of this description. ALSO: All of that portion of a certain alley, sixteen (16) feet in width and running east and west, that is situate in the City of Richmond, Wayne County, Indiana, and lies east of the western boundary is extended southwardly to the inter- section of the northern lot line for Lot #57 in said John M. Maxwell's Addition, and lies west of the western boundary of the right-of-way of Southwest First Street in said City. BGOK „;PAGE 46 General Ordinance No. 17-1985 Page 2 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 l a;e day of , 1985, by the Common Council of the City of Richmond, Indiana. Pregident of Common Council / Marion Williams ATTEST: C'ityVClef7k Mary Merchanthouse PRESENTED to the Mayor of the City of Richmond, Indiana, this --'C'- day of �2_� , 1985. City Cl rk Mary Merchanthouse APPROVED by me, Frank H. Walterman.Mayor of the City of Rich- mond, Indiana, this day of , 1985. ATTEST: City Clerk Mary Merchanthouse State of Indiana SS: County of Wayne Ldk��c_) Mayor- Fran H. Wal ermann Before me the undersigned, a Notary Public for Wayne County, State of Indiana, personally appeared Marion Williams, Mary Merchanthouse and Frank H. Waltermygp . and acknowledged the execution of the foregoing instrument this 4th day o` 0h�., 1985. Carol E. Brady, Notary T Resident of Wayne County My Commission expires: 2/28/88 60OX i PAGE 47 Off. �7 BEFORE THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE ) PETITION OF RICHMOND ) COMMUNITY SCHOOLS FOR ) THE VACATION OF PUBLIC ) WAYS ) PETITION FOR THE VACATION OF PUBLIC WAYS The Petitioner, Richmond Community Schools, pursuant to the provisions of IC 36-7-3-12, petitions the Common Council of the City of Richmond, Indiana, as follows: 1. Petitioner is a public school corporation organized under the laws of the State of Indiana, having its principal offices at 300 Whitewater Blvd., Richmond, Indiana, and represented herein by its agent, Reller, Mendenhall, Kleinknecht, Puckett, Milligan & Cross (Ronald L. Cross), 2 North 8th Street, Richmond, Indiana 47374 (telephone 317-962-1541). 2. Petitioner is the owner of certain real estate that, prior to Petitioner's acquisition of ownership, was occupied and used for residential purposes. 3. Petitioner, having acquired said real estate, now seeks to expand its physical education facilities at the Richmond High School site, and has announced its intentions to commence construction of a facility upon which there would be situated eight (8) regulation sized tennis courts with certain accessory equipment and attendant fixtures. 4. In order to accommodate such intended expansion, Petitioner seeks to effect the vacation of the public ways described on the attached "Exhibit A". 5. The Petitioner owns all land that abuts the proposed property to be vacated. However, the names and addresses of certain near -by property owners who may have an interest in the proposed vacation are set forth on the attached "Exhibit B" incorporated herein and made a part hereof. 6. Contact has been made by the Petitioner, through its agents, with all affected utility services in the area proposed for vacation. A summary of the effect of the proposed vacation upon the existing utility services is set forth in the attached "Exhibit C", made a part hereof and incorporated herein. It is acknowledged by the Petitioner that the vacations herein requested should be Boox , 15PAGE 48 -2- conditioned upon the preservation and/or adjustment and relocation of presently existing utility easements and right-of-ways. WHEREFORE, the Petitioner, Richmond Community Schools, respectfully requests that a public hearing be conducted on its petition for the vacation of the above described public ways in accordance with the provisions of IC 36-7-3-12 and IC 5-3-1-1, et seq. RICHMOND COMMUNITY SCHOOLS By: RELLER, MENDENHALL, KLEINKNECHT, PUCKETT, MILLIGAN & CROSS By Cb , Ronald L. Cross Attorney for Petitioner 2 North 8th Street Richmond, IN 47374 Telephone: 962-1541 Il E 19 EXHIBIT A Public Street That portion of Southwest 1st Street in the City of Richmond, Wayne County, Indiana, described as follows: Commencing at the intersection of the western boundary of the right of way of said Southwest 1st Street with the northern boundary of the right of way of Southwest E Street; thence southwardly along the western line of the said Southwest 1st Street right of way to the intersection of said right of way with the northern boundary of the right of way of Southwest F Street (extended across said Southwest 1st Street; thence eastwardly along the northern boundary of the right of way of said Southwest F Street, across Southwest 1st Street to the eastern line of the right of way of the said Southwest 1st Street; thence northwardly along the eastern line of the right of way of said Southwest 1st Street to the intersection of the northern boundary of the right of way for Southwest E Street (extended across said Southwest 1st Street); then westwardly along the northern boundary (as extended) of said Southwest E Street to the intersection of said right of way with the western right of way line of said Southwest 1st Street, being the place of beginning of this description. ALSO: Public Alley All of that portion of a certain alley, sixteen feet in width and running east and west, that is situate in the City of Richmond, Wayne County, Indiana, and lies east of the western boundary of Lot #20, John M. Maxwell's Addition to said City, as said western boundary is extended southwardly to the intersection of the northern lot line for Lot #57 in said John M. Maxwell's Addition, and lies west of the western boundary of the right of way of Southwest 1st Street in said City. BOOK 15ME 0 1. Howard J. and Agnes McConaha 117 Southwest E Street Richmond, IN 2. William and Mildred Bright 115 Southwest E Street Richmond, IN 3. Charles C. and Bettie A. Myers 113 Southwest E Street Richmond, IN 4. Stella, Shirley Ann and Rosalee Wilmont 5. Lloyd L. and Alma Jean Miller 112 Southwest F Street Richmond, IN 6. Esther McNutt Huntington 7. Robert H. Moyer 8. William H. and Gloria M. Maines 118 Southwest F Street Richmond, IN 9. Marilyn S. White 10. Oren D. and Lucille Samuels 604 Southwest 1st St. Richmond, IN 11. Addie Sutton 12. James J. and Michaele J. Duke 13. Jerry F. and Peggy Ketron 14. John A. and Joyce A. Wildey 15. Clarence H. and Allie Barker 113 Southwest F St. Richmond, IN BOOK 1PAGE 51 EXHIBIT C 1. Clearview Cable Television - There are above ground CATV lines running along the east -west al ey which is proposed for vacation. Proposal: Remove and relocate lines in a manner which will be acceptable to both Petitioner and utility with the cost of the relocation borne by the responsible party. 2. General Telephone Company - There are above ground lines running through the east -west section of the alley proposed for vacation. Contacts with General Telephone indicate that most of the lines will be abandoned and only minimal relocation will be necessary. Proposal: Remove and relocate lines in a manner that will be acceptable to both Tetitioner and utility with the cost of relocation being borne by the responsible party. 3. Richmond Gas Corporation - Contacts with Richmond Gas have verified that there wi e no service affected by the proposed vacation in either the alley or the public street. Proposal: Not applicable. 4. Richmond Power & Light - There are above ground lines running in the east -west alley which is proposed for vacation and also there are overhead lines running along Southwest 1st Street that is proposed for vacation. Proposal: Abandonment and removal of the lines in the vacated portion of the alb. The street lights on Southwest 1st Street are to be removed by Richmond Power & Light with the cost to be borne by the responsible party. 5. Indiana -American Water Co. - There is an 8" cast iron main running underground on the west side portion of Southwest 1st Street that is proposed for vacation. Proposal: A twenty (20) foot maintenance easement must be granted to the Indiana -'American Water Co. for service on the water main, at the expense of the Petitioner. 6. Richmond Sanitary District - There is an underground eight (8) inch sanitary main running within this portion of the east -west alley proposed for vacation. Proposal: Abandon a section of this sanitary main with a new manhole being constructed at the intersection of the new alley running south as proposed by the Petitioner. Cost of the manhole and construction to be. borne by the Petitioner.