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HomeMy Public PortalAbout024-1984 - VACATION - PUBLIC ALLEYS LYING IN THE TERRITORY GENERALLY BOUNDED BY EAST MAIN SOUTH 3RD STREET SOUTH A STREET AND SOUTH 2ND STREETBOOK' J5PAGE208 GENERAL ORDINANCE NO. 24-1984 AN ORDINANCE VACATING CERTAIN PUBLIC ALLEYS LYING IN THE TERRITORY GENERALLY BOUNDED BY EAST MAIN STREET, SOUTH 3RD STREET, SOUTH "A" STREET AND SOUTH 2ND STREET. WHEREAS, the Board of Commissioners of Wayne County Indiana, have its prin- cipal offices at 401 East Main Street, Richmond, Indiana, has petitioned the Common Council requesting vacation of certain public alleys in order to accommodate the utilization of adjoining property as an off-street parking facility; and, WHEREAS, the Common Council, pursuant to the provisions of T.C. 36-7-3-12, conduct a public hearing on said vacation petition on 7j-7�' , 1984; and, `—` f WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the _ _� yd day of nay , 1984, at which time remonstrances were heard from --all interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond City Plan Commission was g to O in favor of/! oter _____.. _c recommending passage of Ordinance No. 24-- 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 and dedication of all easements for existing utilities, the public alleys described below are hereby vacated: Beginning at the northeast corner of Lot 134 in John and Samuel Smith'stddition to the City of Richmond, said beginning point also being the point of intersection of the south line of a 10 foot wide alley and the west line of South Third Street; thence from said beginning point west along the south line of said alley and the north line of Lot 134 in said Smith's Addition -*T- and Lot 1 in C. H. Coffin's Addition to the City of Richmond to - a point in the east line of South Second Street; thence north 10 - C M feet along said east line to the north line of said 10 foot alley at the southwest corner of Lot 139 in said Smith's Addition; n thence east along the north line of said 10 foot wide alley and 3 O south line of Lots 139, 138, 133, and 132 in said Smith's CIOthe CQ Addition to the west line of South Third Street; thence south along said west line 10 feet to the place of beginning. w � Beginning at the southeast corner of Lot 141 in John and Samuel At 00 Smith's Addition to the City of Richmond, said beginning point also being the interesection of the west line of a 12 foot wide north and south alley and the north line of a 10 foot wide east and west alley; thence from said -beginning point north along the west line of said 12 foot wide alley and the east line of said Lot 141 and the east line of Lots 1 and 2 in C. H. Coffin's Addition to the City of Richmond to a point 5 feet south of the north line of said Lot 1; thence northwestwardly to a point in the south line of a 10 foot wide east and west alley and the north line of Lot l in said C. H. Coffin's Addition to a point 5 feet west of the northerly extension of the east line of said Lot 1; thence east along the south line of said 10 foot wide alley to a point 5 feet east of the northerly extension of the west line of Lot 134 in said John and Samuel Smith's Addition; thence southwestwardly to a point in the east line of said 12 foot wide alley and 5 feet south of the north line of said Lot 134; thence south along the east line of said alley and the west line of Lots 134 and 135 in said Smith's Addition to a point in the north line of a 10 foot wide alley; thence west along the north line of said 10 foot wide alley 12 feet to the place of beginning. 0 BQC1{ 15PAGE209 GENERAL ORDINANCE NO. 24-1984 Page 2 Beginning at the northeast corner of Lot 136 in John and Samuel Smith's Addition to the City of Richmond, said beginning point also being the intersection of the south line of a 10 foot wide east and west alley and the west line of South Third Street; thence from said beginning point west along the south line of said alley and the north line of Lots 136 and 142 in said Smith's Addition to the east line of South Second Street; thence north 10 feet along said east line to the north line of said 10 foot wide alley at the southwest corner of Lot 141 in said Smith's Addition; thence east along the north _line of said alley and the south line of Lots 141 and 135 in said Smith's Addition to the west line of South Third Street; thence south 10 feet along said west line to the place of beginning. Said vacations are subject to perpetual easement of private and public utilities over, along, under, and across said parcels of real estate being vacated. Dedication of perpetual easement for private and public utilities over, along, under, and across the following strips of land: A strip of land two feet wide, the south line of which is the entire south line of Lot 141 in John and Samuel Smith's Addition to the City of Richmond. A strip of land two feet wide, the south line of which is the entire south line of Lot 135 in John and Samuel Smith's Addition to the City of Richmond. PASSED AND ADOPTED b the Common Council of the City of Richmond, Indiana, this % t'� day of 1984. P e dent of jor�,Coun-c,ll oward J. Els AT-TEST:.I^ninfi�u ¢,C City C1 k - Mary Merchanthouse PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of `/-n 1984. / City Cl12rk - Mary Merchanthouse APPROVED by me, Frank A. Waltermann Mayor of the City of Richmond, Indiana, this day of1984. ATTEST: City C erk - Mary Merchanthouse STATE OF INDIANA SS: WAYNE 40, me'01�e undersigned, a Notary Public for Wayne County, State of Indiana, personally 7 ap d and J. Elstro, Mary Merchanthouse and Frank H. Waltermann and acknowledged �.: instruemnt this 8th day of May, 1 rol E. Brady, Notary Pub is My Commission Expires: 2/28/88 Resident of Wayne Count This instrument prepared by Kenneth E. Barden, Attorney at Law 986e 15pA �F210 STATE OF INDIAmA) ' �= ) 3S. THE COMMON COUNCIL FOR THE COUNTY Of WAYmE ^ - `� CITY OF RIC8M0ND, lNDIANA PETITION FOR VACATION OF PUBLIC WAY , BY ' EnUNTY, STATE OF INPIANA BY AN ' ` The petitioner, the Board of Commissioners of Wayne County, Indiana, � petitions the Common Council of the City of Richmond, Indiana, as follows: . l. The petitioner is the entity exercising the executive and legislative function of government for Wayne County, State of Indiana, with its statutory office located at 40 East Main Street, Richmond, - Indiana in the County Administration Building. � ! 2. That petitioner is the owner of real estate upon which cer- tain alleys are located, said realestate having beenpurohasedat '- � different times and from different owners beginning in 7959` said real kin � anJthWayne County Safety estate having been used for parking e` un Building. � 5. Petitioner is desirous of utilizing the general area surround- ing the aforementioned alleys for parking purposes and in order to � effectuate said desire petitioner seeks to effect the vacation of the | following described public ways. ! 4. The petitioner own, all land abutting the Proposed property to be vacated, and it is proposed that the petitioner is the only nearby property owner having a potential h i t tial interest in the proposed vacation as set forth in Exhibit "A" which is attached hereto and made a part hereof. Exhibit "A" BOOK 1PAGE2r Beginning at the northeast corner of Lo.t 134 in John and Samuel Smith's Addition to the City of Richmond, said beginning point also being the point of intersection of the south line of a 10 foot wide alley and the west line of South Third Street; thence from said beginning point west along the south line of said alley and the north line of Lot 134 in said Smith's Addition and Lot 1 in C.H. Coffin's Addition to the City of Richmond to a point in the east line of South Second Street; thence north 10 feet along said east line to the north line of said 10 foot alley at the southwest corner of Lot 139 in'said Smith's Addition; thence east along the north line of said 10 foot wide alley and the south line of Lots 139, 138, 133, and 132 in said Smith's Addition to the west line of South Third Street; thence south along said west line 10 feet to the place of beginning. Beginning at the southeast corner of Lot 141 in John and Samuel Smith's Addition to the City of Richmond, said beginning point also being the intersection of the west line of a 12 foot wide north and south alley and the north line of a 10 foot wide east and west alley; thence from said beginning point north along the west line of said 12 foot wide alley and the east line of said Lot 141 and the east line of Lots 1 and 2 in C.H.Coffin's Addition to the City of Richmond to a point 5 feet south of the north line of said Lot 1; thence northwestwardly to a point in the south line of a 10 foot wide east and west alley and the north line of Lot 1 in said C.H. Coffin's Addition at a point 5 feet west of the northerly extension of the east line of said Lot 1; thence east along the south line of said 10 foot wide alley to a point 5 feet east of the northerly extension of the west line of Lot 134 in said John and Samuel Smith's Addition; thence southwestwardly to a point in the east line of said 12 foot wide alley and 5 feet south of the north line of said Lot 134; thence south along the east line of said alley and the west line of Lots 134 and 135 in said Smith's Addition to a point in in the north line of a 10 foot wide alley; thence west along the north line of. said 10 foot wide alley 12 feet to the place of beginning. Beginning at the northeast corner of Lot 136 in John and Samuel Smith's Addition to the City of Richmond, said beginning point also being the intersection of the south line of a 10 foot wide east and west alley and the west line of South Third Street; thence from said beginning point west along the south line of said alley and the north line of Lots 136 and 142 in said Smith's Addition to the east line of South Second Street; thence north 10 feet along said east line to the north line of said 10 foot wide alley at the southwest corner of Lot 141 in said Smith's Addition; thence east along the north line of said alley and the south line of Lots 141 and 135 in said Smith's Addition to the west line of South Third Street; thence south 10 feet along said west line to the place of beginning. Said vacations are subject to perpetual easement of ,private and public utilities over, along, under, and across said parcels of real estate being vacated. Dedication of perpetual easement for private and public utilities over, along, under, and across the following strips of land: A strip of land two feet wide, the south line of which is the entire south line of Lot 141 in John and Samuel Smith's Addition to the City of Richmond. A strip of land two feet wide, the south line of which is the entire south line of Lot 135 in John and Samuel Smith's Addition to the City of Richmond. 500K 15ME213 MAIN 66 STREET A pp`1,00 N� s 5 SIT a 139 _ e 138 - _ 133 132 s PMJE� � os a I 1 F� GG f Fj 134 G vjs� 0 a U$ p l 2 N s N _ m 141 -' s0l'o5 135 m IY' � P Ask f 0 J00N 142 1 1 136 J I N 143 ai 137 U QI1 126' (DEDICATED —FIOR I SOUTH "A" 126' SOUTH "A:� 0 PLAT OF PROPOSED ALLEY VACATIONS IN JOHN SAMUEL SMITH'S ADDITION AND C. H. COFFIN'S SUB -DIVISION IN RICHMOND, INDIANA. OFFICE OF THE WAYNE COUNTY SURVEYOR - RICHMOND, INDIANA MAC'ATION, SUBJECT TO EASEMENTS SCALE: 1" = 50OUTILITIES. DRAWN BY: EFR SEPTEMBER , 1983 _ADDITIONAL EASEMENTS FOR UTILITIES. � 6©Q,K 15POE21 MAIN STREET M z N I-- 0 z U) 126' (DEDICATED -FIOR ' SOUTH'�-i 126 SOUTH "A A PLAT OF PROPOSED ALLEY VACATIONS IN JOHN SAMUEL. SMITH'S ADDITICN AND C. H. COFFIN'S SUB -DIVISION. IN RICHN10ND, INDIANA. OFFICE OF THE WAYNE COUNTY SURVEYOR -- RICHMOND, INDIANA EgY VACATION, SUOJECT TO EASEMENTS f� 11 SCALE 111 = 501 OAIon1T1oNn1.71EASEMENTS FOR UTILITIES. DRAWN BY: EFR, SEPTEMBER , 1983 RECORDED DEBORAH S. SMITH RXC.___I0'._ _4i NOTICE OF PUBLIC HEARING ON PETITION FOR VACATION OF PUBLIC WAY Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on Monday June 4, 1984 at 7:30 o'clock p.m. in the Common Council Chambers of the Richmond Municipal Building, located at 50 North 5th Street, on the Petition of the Mosey Manufacturing Co., Inc., having its principal office located at 262 Fort Wayne Avenue, Richmond, Indiana, requesting vacation of certain public ways in order to accommodate to the use of private property resulting from the consolidation of ownership. Petitioner seeks to effect the vacation of the following described public ways, generally referred to as an "alley": Being all of a twenty (20) foot wide alley south of North "G" Street and east of Lot Number 15 in Abijah Moffitts Second Addi- tion to the City of Richmond, Indiana and being in the Northwest Quarter of Section Thirty-three•(33), Township Fourteen (14) North, Range One (1) West and being more particularly described as follows: Beginning at the northeast corner of Lot Number 15 in Abijah Moffitts Second Addition, said northeast corner being the inter- section of the south line of a fifty (50) foot wide street known as North "G" Street with the west line of a twenty (20) foot wide alley and running thence, from said beginning point, south one hundred twenty-one and ninety-one hundredths (121.91) feet to the southeast corner of said lot Numbr,r 15; thence east twenty (20) feet to Che southeast corner of Block "A" in Abijah Moffitts Third Addition; thence north, along the west line of said Block "A", one hundred twenty-one and ninety-one hundredths (121.91) feet to a point: in the south line of said North "G" Street:; thence west along said south lilie, twenty (20) feet to the place of beginning, containing an area of fifty-six thousandths (0.056) of an acre. Also, being all of an eleven and five tenths (11.5) foot wide alley being north of lots numbered three (3) thru seven (7) in D. W. Marmon's Addition and a ten (10) foot wide alley being east of lots numbered six (6) and thirteen (13) in said D, W. Marmon°s Addition, being in the Northwest Quarter of Section Thirty-three (33), Township Fourteen (14) North, Range One (1) West in the City of Richmond, Indiana and being more particularly described as followsc Beginning at the northwest corner of Lot Number 3 in said D, W. Marmon's Addition and running thhence east one hundred eighty- four (184) feet to the. northeast corner of lot number 6 in said I). W. Marmon's Add,itiion;.thence south one hundred forty-five (145) feet to the southeast corner of said lot number 6; thence east along the north line of North "F" Street ten (10) feet; ��SF:- _. ..ads' _. " ' ---- � e ' • _. " <ud4 r thence north one hundred forty-five (1.45) feet to the north- west corner of lot number 7 in said D. W. Marmon's Addition; thence east forty five (45) feet to the northeast corner of said lot number 7; thence north eleven and five tenths (11.5) feet; thence west forty-five (45) feet; thence north one hun- dred seventy (170) feet; thence west ten (10) feet to the north- east corner of lot number 13 in said D. W. Marmon's Addition; thence south one hundred seventy (170) feet to the southeast corner of said lot number 13; thence west one hundred eighty- four (184) feet to the southwest corner of lot number 10 in said Additions thence south, along the east line of North 15th Street, eleven and five tenths (11..5) feet to they place of beginning, containing an area of one hundred thirty-five thousandths (0.135) of an acre. Also, being a part of North 16th Street being south of North "F" Street, east of Lots Numbered 620, 621 and 622 in Eliza- beth Starr's Addition, north of the north right--of-way of the Penn -Central Railroad and 'west of tract number 454 of the Official Map of the City of Richmond, Indiana, and being in the Southwest Quarter of Section thirty-three (33), Town- ship Fourteen (14) North, Range One (1) West and being more particularly described as Follows: Beginning at the Northeast corner of Lot Number 620 in Eliza- beth Stnr.r's Addition to the City of Richmond, Indiana, said northeast corner being the intersection of the south line of a forty (40) foot wide street known as North "F" Street with the west line of a seventy (70) foot wide street known as North loth Street and running thence, from said beginning point south zero (00) degrees ten (10) minutes and forty (40) seconds west one hundred sixty-eight and forty-six hundredths (168.46) feet to the north right-of-way of the Penn -Central Railroad as established by John E. Beals Registered Land Sur- veyor Number 7955; thence along said right-of-way, north eighty- three (83) degrees and thirty-nine (39) minutes east thirty- five and twenty-three hundredths (35.23) feet; thence south zero (00) degrees ten (10) minutes and forty (40) seconds west fifteen and sixty hundredths (15.60) feet; thence north eighty- three (83) degrees and thirty-nine (39) minutes east thirty- five and twenty-three hundredths (35.23) feet to a point in the east line of North 16th Street; thence north zero (00) degrees ten (10) minutes and forty (40) seconds east along the east line of said street, one hundred seventy-six and thirty-five hundredths (176.35) feet to the south line of North "F" Street; thence south eighty-nine (89) degrees fifty- six (56) minutes and thirty-two (32) seconds west seventy (70) feet to the place of beginning, containing an area of two hun- dred seventy-seven thousandths (0.277) of an acre. Also, being all of a nineteen and five tenths (19.5) foot. wide alley being east of the east line of North 17th Street, south of Lot numbered 30 and 53 in the Highland Addition and north of Lots Numbered 5 thru 10 in John Hawkins Addition and west of the west line of ''North 18th Street and being in the Northeast Quarter of Section Thirty-three (33), Township Four- teen (14) North, Range One (1) West in the City of Richmond Indiana and being more particularly descri.had as foi3ows: Beginning at the southwest Highland Addition and rune three (283) feet to the so said Highland Addition; iris North 18th Street i Ueteo northeast corner ai' V. 1� thence west tF'Q. WWWR N corner. of Lot Nisml t 5�tl� north, along t11e Sh 33it five tenths (19.5).jee-t tf an area of one hundred twi an acre. corner of Lot Number 53 in said ing the?ce east two hundred eiKhty- utheast corner of Lot_ Number 30 in ence south, along the west line of and five tenths (19.5) feet to the mber 10 in John Hawkins Addition; ghty-two (282) feet to the northwest said John Hawkins Addition; thence of North 17th Street, nineteen and the place of beginning, containing my -seven thousandths (0,127) of v..ry, �aVuk T�i Also, being al1'of North "C" Street east of the east line of North 17th Street, south of Lots Numbered 34 and 49 in the Highland Addition and north of lots Numbered 33 and 50 in the Highland Addition and being west of the west line of North 18th Street, being in the Northeast Quarter of Section Thirty- three (33), Township Fourteen (14) North, Range One (1) West in the City of Richmond, Indiana and being more particularly described as follows: Beginning at the southwest corner of Lot Number 49 in said Highland Addition and running; thence east two hundred eighty- three (283) feet to the southeast corner of Lot Number 34 in said addition; thence South, along the west line of North 18th Street, fifty (50) feet to the northeast corner of Lot Number 33 in said Addition; thence west two humdred eighty- three (283) feet to the northwest corner of Lot Number 50 in said Highland Addition; thence north, along the east line of North 17th Street, fifty (50) feet to the place of beginning, containing an area of three hundred twenty-five thousandths (0,325) of an acre. All parties interested in or affected by this petition may attend this public hearing to speak in favor of or in opposition to said iequest. Mary Merchanthouse City Clerk Delivered aby n '�;G Received by Date Received �0�3 PUBLISH DATE: May 24th or 25th CITY PLAN COMMISSION RICHMOND, INDIANA May 1, 1984 Mr. Howard S. Elstro, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 24-1984 Plan Commission Case PDP-84-2 Dear Mr. Elstro, Members of Common Council & Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday, April 24, 1984, on the petition of the Board of Commissioners of Wayne County, Indiana, requesting the vacation of certain public alleys lo- cated in the general area bounded. by East Main Street, South 3rd Street, South "A" Street and South 2nd Street. The Plan Commission determined the public alleys are no longer needed for the future growth of the city, and the vacation of the alleys would facilitate the utilization of surrounding property for parking purposes. Therefore, the Plan Commission voted nine (9) to zero (0) to recommend the passage of Ordinance No. 24-1984. Respectfully submitted, CITY PLAN COMMISSION Daniel S. Dooley Executive Secretary AUDITOR WAYNE COUNTY Telephone 966-7541 Administration Building, Richmond, Indiana 47374 RICHARD W. THALLS, AUDITOR B ECRFrnnv OF COUNTY B-D OF REVIEW s ECREroRv or couRry rw. nD�usrnExr BonRD March 16, 1984 City of Richmond Richmond City Municipal Building Richmond, IN 47374 Attn: Mary Merchanthouse Dear Ms. Merchanthouse: The Wayne County Board of Commissioners have adopted a resolution to petition the Common .Council of the City of Richmond to vacate a public way. We have included a copy of the completed petition as prepared by our County Attorney for you to process. Lr tY ur t'rluly W Richard W. Thalls, Wayne County Auditor RWT/jc inv.a-i- 042384-1 Form Preserlbad by state Hoard of Aaoouata General Form No. 99 P (Rev. 1997) Richmond..„..,.„ To. Palladium PublishingCorPoration „Dr. (GoveramentafUnit) 11 75 North A Street ............................. Wayne........ County, Indiana • .....4iGl1rAoxtaa.144 aAa, ` 70...... . .. PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more. than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines ................ 4 Head —number of lines .••.••••••..•••• Body —number of lines ......�� ..... Tail —number of lines .. • • • •... ...... 12 Total number of lines in notice ....... .......... COMPUTATION OF CHARGES .... �.2g...... lines . .. anP........columns wide equals .... X29 ..... equivalent lines at ...... 16 .. cents Der line • .. - - - Additional charge for notices containing rule or tabular work (50 Der cent of above amount) ................ Charge for extra proofs of publication (50 cents for each proof in excess of two) ............ TOTAL AMOUNT OF CLAIM S. ? 7 •°• 8 6• - • - - - DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions .... J .. Size of type 6 point Size of quad upon which type is cast ........ Pursuant to the provisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all just credits, and that no part of the same has been paid. `. .. Date :........................ 11.. 2 r...!... 19.. .... Title .....CSShier.................. ............... PUBLISHER'S AFFIDAVIT State of Indiana ) ss Wayne .......County) Personally appeared before me, a notary public in and for said county and'state, the undersigned...............r n.a 1d.. D... FX.k .................. ­ ...... -who, being duly sworn, says that be is. Cashier of the...... Palladium -Item( .......................... a ...... Daily ............... newspaper of general circulation printed and published in the English language in the (city) of........... Richmond, Indiana ................in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for...%!lgtime.... the dates of publication being as follows-, ?�pri1..23.r..19H4................. ...... .. ... , ........... Subscribed and sworn to before me 's .....?'. n.day of. .: April 19... 84 1Y;t d C. Notary Public Cci J e' an My commission expires.. T.M'_Cr Y..7......... COMMON COUNCIL VOTING RECORD jOROINANCE 'T k �lq ]ATE: WILLIAMS � OOKBANK HANKINSON WHITESELL PARKER BCDIKER LEMOINE MOR{tI5 ELSTRO i ,Susp. rules,,lst reed. 1Title on1Y............ !....... Seconded ..... ....... ....... ...... ....... Proof of Publication ....... ....... ....... .. .... ill--*----- Se ed ....... ...... ............ ..... 'Move to 2nd read. seconded.............. ...... .....I. ....... ...... ...... ........................ ...... ....... �yngrossment .............. Seconded ...... ....... ....... ....... ....... .....; ....... 3usp. rules, 3rd read. 'Title only ........... I ...................... ✓ ....... Seconded ...... ...✓ .. ... ....... i-4 ENDED ............... iSeconde..... ,..... ....... ....... ....I.. .....,. ........................ III jTABLED................. l`�econded I f ....... ....... ....... ....... ....... ....... ....... ASSAGE .....OR.... .................. REJECTION0 I. I. I (RESOLUTION: WILLIAMS jBR00KBANK I HANKINSONI WHITESELL PARKER 6001,XER L=MO-,NE +: CrFi::c E S 7 P 0 DATE • I lI i Suspend Pules Title only ............... Seconded ....... ....... ....... ....... ....... ........� ........`......... ......... � TABLED f ........................ Seconded ....... ... ................... ..... ........I........ Movedfgr Adoption I ........................ Seconded ....... ....... ...... ....... ........1.........�........