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Home My Public Portal About030-1996 Vacating Cherry Ave & Portions of Elm Rd in Morton Lake & Park AdditionI °96009524 9615,1►r 19 r 1:51 ORDINANCE NO. 30-1996 A SPECIAL ORDINANCE VACATING CHERRY AVENUE AND PORTIONS OF ELM ROAD IN MORTON LAKE & PARK ADDITION WHEREAS, B&M Properties, Michael Eugene Potter and J Street Auto Parts, Inc. have petitioned Common Council of Richmond, Indiana, requesting the vacation of Cherry Avenue and that portion of Elm Road east of the west lot line of lot number 75 in Morton Lake & Park Addition to the City of Richmond, Indiana, and that portion of Maple Road east of the west line of lot number 56 in said addition, and WHEREAS, The above "public ways" appear to never have been dedicated by the owners to the City of Richmond, but have been utilized as a public ways in excess of ten years and may be deemed public ways as a result of adverse possession and use; and WHEREAS, the owners of all land abutting the above described public\°ways have joined in said petition requesting vacation, and WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition August 5, 1996, after publishing legal notice thereof at least 10 days in advance of said hearing as required by statute, and WHEREAS, the Richmond Advisory Plan Commission, pursuant to Richmond Code 155.04(b), conducted a public hearing on said petition July 23, 1996, after publishing legal notice thereof at least 10 days in advance of said hearing as required by ordinance, and WHEREAS, it is desirable to vacate any and all interest which the City of Richmond has in said public ways, and replat the eastern portion of Morton Lake & Park Addition now owned by B&M Properties and Michael Eugene Potter so that Maple Road ends in a cul-de-sac and North 20th Street between North J Street and Elm Road can be dedicated to public use, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that subject to the preservation of easements for existing utilities, the public ways described below are hereby vacated and the abutting property owners shall acquire ownership of the land heretofore used as public ways as indicated below, to -wit: Cherry Avenue (from North J Street to the end of Cherry Avenue) with... (a) J Street Auto Parts, Inc. acquiring a strip equal to one-half the width of said vacated way abutting the west side of Auditor's Map No. 46-33-220- 133.00-29 in the City of Richmond, Wayne County, Indiana. (b) Michael Eugene Potter, a/k/a Michael E. Potter, acquiring a strip equal to one-half the width of said vacated way abutting the east side of Auditor's Map No. 46-33-220-128.000 and 129.000-29 in the City of Richmond, Wayne County, Indiana. (c) B&M Properties, an Indiana partnership, acquiring a strip equal to one-half the width of said vacated public way abutting the east side of Auditor's Map No. 46-33-220-130.000, 131.000 and 132.000-29 and Auditor's Map No. 46-33-210-401.000-29 in the City of Richmond, Wayne County, Indiana. The portion of Elm Road east of the west lot line of Lot number 75 (extended) in Nlorton Lake & Park Addition to the City of Richmond, Indiana with ... (a) B&M Properties, an Indiana partnership, acquiring a strip equal to one-half the width of said vacated public way abutting the north side of Auditor's Map No. 46-33-210-401.000 and 402.000-29 and a strip equal to one-half the width of said vacated public way abutting the south side of Auditor's Map NO. 46-33-21-325.000-29 and Auditor's Map No. 46-33-220- 130.000-29 in the City of Richmond, Wayne County, Indiana. (b) Michael Eugene Potter acquiring a strip equal to one-half the width of said vacated public way abutting the south side of Auditor's Map NO. 46-33- 210-301.000-29 in the City of Richmond, Wayne County, Indiana. 3. The portion of Maple Road east of the west lot line of lot number 56 (extended) in Morton Lake & Park Addition to the City of Richmond, Indiana with ... (a) B&M Properties, an Indiana partnership, acquiring a strip equal to one-half the width of said vacated public way abutting the north side of Auditor's Map No. 46-33-210-302.000-29 and a strip equal to one-half the width of said vacated public way abutting the south side of Auditor's Map No. 46- 33-210-128.000-29 in the City of Richmond, Wayne County, Indiana. (b) Michael Eugene Potter, a/k/a Michael E. Potter, acquiring a strip equal to one-half the width of said vacated public way abutting the north side of Auditor's Map No. 46-33-220-128.000-29 and Auditor's Map No. 46-33- 210-301.000-29, and a strip equal to one-half the width of said vacated Public way abutting the south side of Auditor's Map No. 46-33-220- 127.000-29 in the City of Richmond, Wayne County, Indiana. All of which vacated public ways are shown in green on Exhibit A attached hereto and incorporated by reference herein. BE IT FURTHER ORDAINED that the above vacation ordinance is subject to the Petitioners/owners taking all action to replat the adjacent subject property, which action will include the dedication of North 20th Street between North J Street and Elm Street, and the creation of a cul-de-sac at the end of Maple Road, pursuant to City standards, all at the cost of Petitioners. y� Passed and adopted this 5 day of U ' 1996, by the Common Council of the City of Richmond, Indiana President (Geneva Allen) A TTES �. � ��. ,City Clerk (Norma chroeder) RESENTED to the Mayor of the City of Richmond, Indiana, this day of 1996, at 9:00 a.m. , __ �•. C � ,City Clerk (Norma Schroeder) APP,ZOVED me, Dennis Andrews, Mayor of the City of Richmond, ndit a, this �- day of v., 1996, at 9:05 a.m. ,Mayor (Den Andre s) ATTES LCity Clerk (N=mia -hroeder) -r€�Li ixar taxation tt" l ',%YNE COUNTY x ^m •O� .I.J V m 4 ara C) qW�6 rr�N� W C" rr. ry ^ n d IU A In fj r O r 4 r r r r 484,935 -6=-NORTH-----T__-17TH____ A C C1iEQ.v 2d JE' _ _ '1 j q4\ i -� 6 54954 1 D (l