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HomeMy Public PortalAbout005-1984 - VACATION - PUBLIC ALLEY IN THE TERRITORY GENERALLY BOUNDED BY NORTH B STREET NORTH 8TH STREET NORTH A STREET AND NORTH 7TH STREETBOOK IYAGE2 5 GENERAL ORDINANCE NO, 5-1984 AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY LYING IN THE TERRITORY GENERALLY BOUNDED BY NORTH "B" STREET, NORTH 8TH STREET, NORTH "A" STREET AND NORTH 7TH STREET. WHEREAS, the -Most Reverend Edward T. O'Meara, Archbishop of the Roman Catho- lic Archdiocese of Indianapolis, Indiana, has petitioned the Common Council requesting vacation of a certain public alley in order to safeguard children attending St. Mary's School; and, WHEREAS, the Common Council pursuant to the provisions of I.C. 36-7-3-12, conducted a public hearing on said vacation petition onjj� 1984; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the —2 7 GZ day of � OACr , 1984, 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 9, to 0 in favor of/in opposition to recommending passage of Ordinance No. 5- 1984. 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, the public alley described below is hereby vacated: Being a 16 ft. alley adjoining the south side of Lots 84 and 103, and the north side of Lots 83 and 104, all in the C. W. Starr's Addition to the City of Richmond, and being more particularly described as follows, for the pur- pose of vacation of said alley: to Cn C_ C� eginning at the southwest corner. of Lot 84 in the C. W. W «,qtarr's Addition to the City of Richmond; thence eastwardly along the south line of said Lots 84 and 103 in the said CD EMddition to the southeast corner of Lot 103 in said Addition © F and the west line of North 8th Street; thence sorthwardly 26 ft. more or less to the northeast corner of Lot 144 in U asaid C. W. Starr's Addition; thence westwardly along the LU Porth line of said Lot 104 and 83 in said Addition to the ast line of North 7th Street and the northwest corner of f�rx9ot 83, and all in said subdivision; thence northwardly along the east line of North 7th Street to the southwest corner of said Lot 84 in said Addition 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 (_.... day of 1984. a r sident of' f C on ouncil Howard J. El. ATTEST: ��,yuf Citf Clerk -Mary Merchanthouse PRESENTED by me to the Mayor of the City of Richmond, Indiana, this y day of , 1984. 7i2r�u. - City Cl rk - Mary Merchanthouse aGDX i5PAGE21G ORDINANCE NO, 5-1984 Page 2 APPROVED by me, Frank H. Waltermann, 1�ayor of the City of Richmond, Indiana, //� this � day of , 1984. ATTEST: 2� City Cl rk - Mary Merchanthouse STATE OF INDIANA SS: COUNTY OF WAYNE fore me the undersigned, a Notary Public for Wayne County, State of Indiana, '`,i;;pL �sonally appeared Howard J. Elstro, Mary Merchanthouse and Frank H. Waltermann ,� ar��f,acknowledged the execution of the foregoing ingsrement this 4th day of .1984. s roi E. Brady, Notary P is . ssion Expires: 2/28/88 Resident of Wayne County This Instrument prepared by Kenneth E. Barden, Attorney at Law ROX PAGE 217 STATE OF INDIANA ) BEFORE THE COMMON COUNCIL ) SS: COUNTY OF WAYNE ) FOR THE CITY OF RICHMOND, IN In the Matter of the Petition ) ) of the Most Reverent EDWARD ) T. O'MEARA, Archbishop of ) the Roman Catholic Archdiocese) of Indianapolis } PETITION FOR VACATING A PUBLIC WAY YOUR PETITIONER, Edward T. O'Meara, Archbishop of the Roman Catholic Archdiocese of Indianapolis, respectfully represents the Common Council of the City of Richmond, Indiana, as follows: 1. Your Petitioner is the Archbishop of the Roman Catholic Archdiocese of Indianapolis, of which the Church of St. Mary in Richmond, Indiana, is a part. As such Archbishop, your Petitioner holds the fee simple title to the following described real estate in the City of Richmond, County of Wayne, Indiana: Lots 82, 83, 84, 85, 102, 103, 104 and 105, all in the C.W. Starr's addition to the City of Richmond, Indiana. 2. The Church of St. Mary in Richmond, Indiana, oeprates a parochial school on part of said real estate. 3. The school building stands on Lots 82 and 83. Part of Lot 83 and all of Lots 84, 85 and 102 are used for playgrounds for the children of said school. 4. Immediately North of Lots 83 and 104, and immediately South of Lots 84 and 103 is a public alley, which your Petitioner desires to be vacated. There are no other', abutting property owners of the alley. 5. Your Petitioner seeks to close the public alley and have it vacated for the purpose of safeguarding the children attending the school and using the grounds and Lots for playground purposes, and also to prevent injuries or deaths to the children by the public use of the alley. r BOOK 6. Attached is a Plat of said real estate, the Lots being outlined in red. 7. Your Petitioner does not propose in any way to affect any utitlity services, all of which should be retained as presently existing. WHEREFORE, your Petitioner, Edward T. O'Meara as Archbishop of the Roman Catholic Archdiocese of Indianapolis, respectfully requests that a public hearing be conducted on this Petition for the vacation of said public way, in accordance with applicable law and ordinance. DATED thisAl� day of December, 1983, at Indianapolis, Indiana. -tj _r,; (&I�� Edward T. O'Meara Archbishop of Indianapolis -2- 0001L 1 PhGE219 91 9s 90 97 .%%a . Str F7 too �3 a+ gsR /03 82 VLl /off 79 �08 78 !dy C,w. A R R'S (I ) �d.*�etl� S�iriva9$'�C s ADD. RECORDED MAY 2 2 1987 DEBORAH S, SMITH R.W.C. I tN,t> HARRINGTON, MALEY, GARDNER & SAYRE ATTORNEYS AT LAW THIRD FLOOR PEOPLES BUILDING EIGHTH AT PROMENADE RICHMOND, INDIANA 47374 ROBERT J. MALEY ALONZO M. GARDNER(1941) GAYLE W. GARDNER TELEPHONE(317) 966-6643 WILFRED JESSUP(1944) JOHN M. SAYRE III FRANK CHAMBERS(1955) January 24 1984 y FLOYD W.GARDNERC196S) 7 CLIFFORD M. HAWORTH (1967) OF COUNSEL JOHN ROSS HARRINGTON The Common Council of the City of Richmond, Indiana City Building North 5th Street Richmond, Indiana 47374 Attention: Ms. Mary Merchanthouse, Clerk Dear Ms. Merchanthouse: Enclosed herewith please find duplicate copies of Petition for Vacation of Public Way filed by the Most Reverend Edward T. O'Meara, Archbishop of the Roman Catholic Archdiocese of Indianapolis, Indiana, same for public alley running between North 7th and 8th Streets, and lying north of North A Street, immediately to the rear of the St. Mary Catholic School and Church property, which Petition is submitted to the Council for hearing and approval. As you know, the law provides for giving of notice of the filing of Petition, which hearing is to be held within thirty (30) days from re- ceipt of the Petition. The Clerk of the legislative body, which is the Common Council of the city, shall give notice of the Petition and of the time and place of hearing, as provided for in the Indiana Code Section 5-3-1, and notice by certified mail to the owner of land that abuts the proposed tract to be vacated. In the instant case, I question the necessity of giving any notice to the adjoining property owner in that the petitioner owns all of the land on both sides of the alley proposed to be vacated. Enclosed herewith please find form of notice used in similar proceedings. You may use such form, or prepare your own. The law provides for payment of the cost of the notice to be paid by the petitioner, so immediately upon your knowing the cost, please advise the undersigned and I will see that the check is delivered to you forthwith. We would appreciate your forwarding copy of the notice, date of publication and hearing date. Thank you for your immediate a(htention to this matter. v '�arrington�� v.-•a.> HARRINGTON, MAL , GARDNER & SAYRE JRH:md Encl, NOTICE OF HEARING ON PETITION FOR VACATION OF PUBLIC WAY Notice is hereby given that the Common Council of the City of Richmond, Wayne County, State of Indiana, will hold a public hearing on the 5th day of March , 1984 at 7:30 p.m. in the Council Chambers of the Richmond Municipal Building, upon the Petition of the Most Reverend Edward T. O'Meara, Archbishop of the Roman Catholic Arch- diocese of Indianapolis, Indiana, requesting vacation of certain public ways for protection of school children attending petitioner's school. Petitioner seeks to affect the vacation of the following described alley: "Being a 16 ft. alley adjoining the south side of Lots 84 and 103, and the north side of Lots 83 and 104, all in the C. W. Starr's Addition to the City of Richmond, and being more particularly described as follows, for the pur- pose of vacation of said alley: Beginning at the southwest corner of Lot 84 in the C. W. Starr's Addition to the City of Richmond; thence eastwardly along the south line of said Lots 84 and 103 in the said Addition to the southeast corner of Lot 103 in said Addition and the west line of North 8th Street; thence southwardly 16 ft. more or less to the northeast corner of Lot 144 in said C. W. Starr's Addition; thence westwardly along the north line of said Lot 104 and 83 in said Addition to the east line of North 7th Street and the northwest corner of Lot 83, all in said subdivision; thence northwardly along the east line of North 7th Street to the southwest corner of said Lot 84 in said Addition to the place of beginning." All parties interested in or affected by this request are invited to attend the public hearing to speak in favor of or in opposition to said request. M�bry Merchanthouse, City Clerk Publish: February 24, 1984 Delivered b y%}7g2_,t Recevied by �,UV.17 Date Received r-1