HomeMy Public PortalAbout027-1985- VACATION - SOUTH Q ST RUNNING BETWEEN US HIGHWAY 27 SOUTH AND 9TH STREETHOK Fac 712N 1 1995 s
AMENDED GENERAL ORDINANCE NO. 27-1985
AN ORDINANCE VACATING THAT PORTION OF SOUTH %" STREET
RUNNING BETWEEN U.S.HIGHWAY 27 SOUTH AND SOUTH 9TH STREET.
WHEREAS, Trinity Broadcasting of Indiana, Inc., has peti-
tioned the Common Council of the City of Richmond,
Indiana requesting the vacate a certain portion of
South "Q" Street; and,
WHEREAS, the Common Council, pursuant to the prievisions of
I.C. 36-7-3-12, conducted a public hearing on said
vacation petition on `�'J , 1985;
and, 41
WHEREAS, a study of this ordinance was conducted by the
Richmond City Plan Commission_ the 23rd day of
April, 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
eight (8) to zero (0) in favor of recommending
passage of Amended Ordinance No. 27-1985.
NOW THEREFORE BE IT ORDAINED by the Common Council of the
City of Richmond, Indiana, as follows:
SECTION 1. That subject to the reservation, without compen-
sation, of a temporary easement in favor of the City
of Richmond, Indiana, for adjustment of grade and
temporary use in the period of construction as may
be reasonably necessary in connection only with re-
building or revision of bridce and overpass over
railroad right-of-way north of the subject vacated
street. The easement is to remain in existance for
a maximum period of five (5) years, provided that
construction is commenced within three (3) years of
vacation, otherwise the easement shall run for
three (3) years, or until said construction plans
are abandoned without construction with Notice of
Abandonment given to the vacation petitioner from
the City of Richmod, Indiana, whichever occurs first;
provided that interference with said vacated street
will hs as minimal as reasonably possible and for
as least a period as reasonably possible, and that
the said vacated street area will be restored after
construction to a condition which will cause it to
appear and to allow it to be used reasonably for the
uses and purposes it was being used for, and was
adaptable for, prior to construction.
That subject to the preservatrion of all easements
for existing utilities, the public way described
below is hereby vacated:
Being a part of the Northeast and Southeast Quarters
of Section 8, Township 13 North, Range 1 West in the
City of Richmond, Indiana, and being more particularly
described as fellows:
Beginning at a point of interesection of the west
right-of-way line of Indiana State Highway 227
with the north line of the Southeast Quarter of
said Section 8, said point also being 36.00 feet
west of the northeast corner of said Southeast
Quarter, and running thence, from said beginning
AMENDED GEN. ORD. NO. 27-1985
Page 2
point, south 00 degrees, 24 minutes and 35 seconds
west, along the west right-of-way of Indiana High-
way 227, 30.00 feet to a point on the south line
of said South "Q" Street; thence West, along said
south line and parallel to the north line of said
southeast Quarter, (assuming said north line runs
east and west), 89.63 feet to a point on the east
line of United States Highway 27; thence north 00
degrees, 27 minutes and 40 seconds east, along
the east line of said Highway 27, entering the
Northeast Quarter of said Section 8, 60.00 feet
to a point on the north right -of --way of said
South "Q" Street; thence east, parallel to the
south line of said Northeast Quarter, 89.69 feet
to a. point on the west line of said Indiana High-
way 227; thence south 00 degrees, 24 minutes and
35 seconds west, aloe said west line, 30.00 feet
to the palce of beginning, containing an area of
0.123 acres, there being 0.0615 acres in the North-
east Quarter and 0.0615 acres in the Southeast Quar-
ter of said Section 8,.
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 G t;l day of , 1985.
P/rAsiaentfdf Common Council
nan Apple Lemoine
ATTEST: lr�,futa�r.CdGL�
City C19_',rkk- rY M rc�l)ouse
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this %C� day of f , 1985.
City cyeT<Mary mcrciianthousc
APPROVED by me, Frank H. Waltermann, Mayor of the City of
Richmond, Indiana, this -2 & day of ,
1985_ 67
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_MratY&r--_-Fr5nk ff. Wartermanil
ATTEST: /i 1�JA_w a
CiLly Cl k - 'Mary Merchant ouse
State of Indiana
SS:
County of Wayne
Before me the undersigned, a Notary Public for Wayen
appeared Joan Apple Lemoine, Mary Merchanthouse and
the execution of the foregoing instrument this 7th d
of Indiana, personally
rmann and acknowledged
Resident of Ways _e/ ountyr-- .
My comiBsiort Expires: 2/28/88 "r !4
BOOiSFdGr
Richmond City Council
City Building
Richmond, Indiana 47374
Attn: Richmond City Planning Department
Petition and Request for Street Vacation
Trinity Broadcasting of Indiana, Inc. requests vacation of a small
portion of South Q Street in the City of Richmond, Indiana. The property
to be vacated is described on the attached plat and description, marked
Exhibit "A" and incorporated herein.
The portion of South Q Street to be vacated lies immediately north
of Trinity Broadcasting's office and studios located at 1702 South 9th
Street. A legal description of their real estate is marked Exhibit
"B" attached and incorporated herein.
This portion of South Q Street deadends at an embankment on the
east side of U. S. 27. It is not used as a street or maintained as a
street. Its only use is to provide access to the property of Trinity
Broadcasting, Trinity Broadcasting desires to acquire the property to use
it and maintain it formally as a part of their entrance and parking area.
The portion of South Q Street involved is bounded on the north by
two pieces of property - one owned by the City of Richmond and the other by
the State of Indiana.
The portion of South Q Street involved is bounded on the east by
South 9th Street and on the west by U. S. 27. And, as already indicated,
is bounded on the south by the property of Trinity Broadcasting.
Notice address for the City of Richmond would be: Richmond City
Council, City Building, Richmond, Indiana, Attention Planning Department of
the City of Richmond.
Notice address for the State of Indiana would be: Auditor of
State, State House, Indianapolis, Indiana, 46204; Indiana Department of
Highways, Division of Land Acquisition, Room 1105, State Office Building,
100 North Senate Avenue, Indianapolis, Indiana, 46204.
Therefore, Trinity Broadcasting of Indiana, Inc. petitions for and
requests vacation of the portion of South Q Street described above.
RELLER, MENDENHALL, KLEINKNECHT,
PUCKETT, MILLIGAN A CROSS
mes C. Puckett
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BOOK57
VAk.'ATION of SOUTE "Q" STRFFT
LAND DESCRIPTION:
(outlined in red on the attached plat)
Being a part of the northeast and Southeast Quarters of Section
8, 'Township 13 North, Rancre 1 west in the City of. Richmond,
Indiana, and being more particularly described as follows:
Beginning at a point of intersection of the west right-of-way
line of Tndiana State Highway 227 with the north line of the
Southeast Quarter of said Section 9, said point also heinu
36.00 feet west of the northeast corner of said Southeast Quar-
ter, and running thence, from said becsinning point, south 00
degrees, 24 minutes and 35 seconds west, along the west right-
of-wav of Indiana Flighway 227, 30.00 feet to a point on the
south line of said South "n" Street; thence west, along said
south line and parallel to the north lino of said Southeast
Quarter, (assumina said north line runs east and west), 89.63
-feet to a point on the east line of Unitod States I!irlhway 27;
thence north 00 degrees, 27 minutes and 40 seconds east, alone
the east line of said Highway 27, entering the Northeast Quar-
ter of said Section 8, 60.00 feet to a point on the north right--
of-way of said South "Q" Street; thence east, parallel to the
.south line of said Northeast Quarter, 89.69 feet to a point on
the west line of said Indiana Niahway 227; thence south 00
degrees, 24 minutes and 35 seconds west, along said Tacst line,
30.00 feet to the place of beginninq, containing an area of
Q.123 acres, there being_ 0.0615 acres in the ?Northeast Quarter
and 0.9615 acres in the Southeast Quarter of said Section 8.
This is to certify that the above description and the attached
plat were prepared this 1st day of March 1925,.from a recent
survey, and are true and correct to the best of my knowledge
and belief,
hF, STTR57EYTN(-, COTtPMA_TION
y: T John S. Beals
Reg. Surveyor No. 7955
State of Indiana
w/o 11998
BOOK
TIUS INDENTURE WITtiESSETIt, That TRI-STATE CHRISTIAN TV, a corporation created
and existing under axial by virtue of the laws of the State of Ohio,
with its prii ci.pal office in Butler County, OYtxo,
Of `.-------.... ------ �eHrr�Krc the r' !e of
Convey s and Warrant
to TRINITY BROADCASTING OF INDIANA, INC., a corporation crested and
existing unnder'and by virtue of the lags of the State of Indiana, with
its principal office in Wayne County, Indiana,
af_-------.----__-- &Mn{r-y�t41re-s4a#e.d] , for and in consideration of the sum nj
ONE DOLLAR ($1) and other valuable consideration,
the receipt a:i:ereof is herebll nchnowledgcd, the following described Rea! Estate in Wayne County,
in the Stale of lndiaae, to -wit:
A part of Out lot Numbered I in Joseph Dickinson's Plat of Out Lots to
the City of Richmond, more particularly described as follows, to -wit;
$cginning at the intersection of the South line of South "Q" Street
with the West line of South 9th Street in said. City, which point of
beginning is 30 feet South and 36 feet West of the Northeast corner
of the Southeast Quarter of Section 8, Township 13 North, Range 1.
West, and running thence South along the West line of South 9th St7reel
170 feet; thence West parallel with the South line of said South "Qtt
Street 108.81 feet; thence North parallel with the West Line of said
South 9th Street 170 feet to the South line of South "Q" Street;
thence East along said South line 108.81 feet to the place of begin
n+Lng. Selug known as Lots (Numbered 1. and 2 in art unrecorded plat of
lots by Lewis Day and Bettie Day, husband and wife.
The undersigned person executing this deed on behalf of the Grantor
represents and certifies that he is the duly elected Secretary of the
Graxitor corporation and has been fully empowered by proper resolution
of the Board of Directors of Grantor, to execute and deliver' this
deed; that Grantor has full corporate authority to convey the real
estate hereby conveyed and that all necessary action for making such
conveyance has been taken and done.
Grantor certifies under oatli that no Indiana Gross income tax is due
or payable in respect to the transfer made .by. this deed.
li` wi7.N.tss xRERv_aF, The said TRI-SLATE CHRISTIAN TV
ha
caused its name and seal to be set
this September xa 81
TRI-STA(SEAL)
By even eSeY (SEAL)
__ y.__-_._._.._...._... _
l Secretary.-. ( SEAL)
hercuntoket-------_ jmmt---4nd-seat
----__-_.._...._...__. �{ SBALI
-_..».Y.................... ....___-_........_..-...-.-- (SEAL)
-.w....:(SaAL)
STATE OF WDTANA, Wa-V T.e County, ss:
Before me, -the undersigned, a Notary Public in and for said County and State, personally appeared the within named
Steven M. Hester, Secretary of TRI-STATE CHRISTIAN TV,
execution of the foregoing Deed to be his voluntary act and deed., on behalf .
ration for the purpose therein contained.
d and notarial.sea? this p?f""'{ 8 of Ceptember .1581.,
..... January--9.......__, 18•-
('r $ - exzl eC 'NatnrUPubiic e
by
ff /.. DORIS I WILT, R. W.C.
rG1113 J. WILT, R.