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HomeMy Public PortalAbout054-1984 - VACATION - CERTAIN PUBLIC RIGHT-OF-WAYS IN THE TERRITORY GENERALLY BOUNDED BY NORTH H NORTH 18TH THE PENN CENTRAL RIGHT-OF-WAY AND NORTH 15TH STREETSago PAGE 1 GENERAL ORDINANCE NO. 54-1984 AN ORDINANCE VACATING CERTAIN PUBLIC RIGHTS -OF -WAY LYING IN THE TERRI- TORY GENERALLY BOUNDED BY NORTH "H" STREET, NORTH 18TH STREET`,' THE PENN CENTRAL RAILROAD RIGHT-OF-WAY AND NORTH 15TH STREET, WHEREAS, the Mosey Manufacturing Co., Inc., having its principal office located at 262 Fort Wayne Avenue, Richmond, Indiana, has petiW tioned the Common Council requesting vacation of certain public rights -of -way in order to accommodate to the use of private property resulting from the consolidation of ownership; and, WHEREAS, the Common Council, pursuant to the provisions of E.C. 36-7-3-12', conducte3 public hearing on said vacation petition on , 1984; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the day of _� 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 to O in favor of/in recommending passage of'Ordinance No. 54-1984. 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 ease- ments for existing utilities, the public rights -of -way described below are hereby vacated: 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 w as North "G" Street with the west line of a twenty (20) foot 10-4 o= E wide alley and running thence, from said beginning point, south Cs > one hundred twenty-one and ninety-one hundredths (121.91) feet G� t— N to the southeast corner of said Lot Number 15; thence east twenty N (20) feet to the southeast corner of Block "A" in Abijah Moffitts a Third Addition; thence north, along the west line of said Block u.l "A", one hundred twenty-one and ninety-one hundredths (121.91) yam. feet to a point in the south line of said North "G" Street; Brz thence west along said south line, 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 follows: Beginning at the northwest corner of Lot Number 3 in said D. W. Marmon's Addition and running thence east one hundred eighty- four (184) feet to the northeast corner of lot number 6 in said D. W. Marmon's Addition; 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; BOCK 15PAGE193 ORDINANCE NO. 54-1984 Page 2 thence north one hundred forty-five (145) 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 Addition; thence south, .along the east line of North 15th Street, eleven and five tenths (11.5) feet to the 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 Starr'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 16th 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 described as follows: Beginning at the southwest corner of Lot Number 53 in said Highland Addition and running thence east two hundred eighty- three (283) feet to the southeast corner of Lot Number 30 in said Highland Addition; thence south, along the west line of North 18th Street nineteen and five tenths (19.5) feet to the northeast corner of Lot Number 10 in John Hawkins Addition; thence west two hundred eighty-two (282) feet to the northwest corner of Lot Number 5 in said John Hawkins Addition; thence north, along the east line of North 17th Street, nineteen and five tenths (19.5) feet to the place of beginning, containing an area of one hundred twenty-seven thousandths (0.127) of an acre. BOOK 'WAGE193 ORDINANCE NO. 54-1984 Page 3 Also, being all of North "G" Street east of the east line of North 17th Street, south of Lots Numbered 34 and 49 in the Highland Addition and north of Tots 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 eigh�y- 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 bumdred 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. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and approval as by law required, PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this _day of. ���-w_-__ _ , 1984. r ident f o on ouncr Howard J. s ro ATTEST: City Cle k - Mary Merchanthouse PRESENTED by me to the Mayor of the City of Richmond, Indiana, this .5- cC day of 1984. City ClerlO- Mary Merchanthouse APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this _ S� day of , 1984. Mayor - Frank H. Waltermann ATTEST: City C1 rk - Mary Merchanthouse STATE OF INDIANA SS: COUNTY OF WAYNE Before me the undersigned, a Notary Public for Wayne County, State of Indiana, ,,.,personally appeared Howard J. Elstro, Frank H. Waltermann and Mary Merchanthouse gr 'acknowledged the execution of the fore oing instrument this 5th day of June, � Carol E. 8rady, Notary Publi ssion Expires: 2/28/88 Resident of Wayne County .:,� ��� is Instrument prepared by Kenneth E. Barden, Attorney at Law B061i 1c�PhGE`��� PETITION TO THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA FOR THE VACATION OF PUBLIC WAYS The Petitioner, Mosey Manufacutring Co., Inc., an Indiana corporation, pursuant to the provisions of IC Section 36-7-3-12, hereby petitions the Common Council of the City of Richmond, Indiana as follows: 1. That the Petitioner is a corporation duly organized and existing under the laws of the State of Indiana. 2. That the Petitioner now owns all of the ground in the City of Richmond, Indiana bordered by North 15th Street on the West, by the Penn Central Railroad right-of-way on the South, by North 18th Street on the East and North "H" Street on the North, excepting the northwest corner of said tract lying East of North 16th Street and North of North "G" Street. 3. That included within said tract of land is a portion of North "G" Street, and a portion of North 16th Street, and four (4) alleys, which, as a consequence of the consolidation of ownership in the Petitioner, are no longer required for use as a public way and should be vacated. 4. That the legal descriptions and individual plats of those portions of the public ways set out above which are no longer needed for use as a public way and which your Petitioner requests be vacated are attached hereto, together with a plat depicting the areas to be vacated as shaded in red on said plat, the legal descriptions herein being designated as Exhibit "A" consisting of five (5) pages and the plat herein designated as Exhibit "B" to this petition. 5. That the Petitioner owns all of the land abutting said parcels sought to be vacated by this petition excepting BOOK 15NGE?,U d -2- the right-of-way of Penn Central Railroad whose address is Penn Central Corporation, Holiday Park Tower, 644 Linn Street, Suite 719, Cincinnati, Ohio 45203. 6. That said vacation will not deprive any owner of ingress or egress to his property. 7. That such vacation should be subject to easements for the continued location, maintenance, and repair of existing public utilities, if any, located in the land proposed to be vacated. WHEREFORE, the Petitioner 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 Sections 36-7-3-12 and 36-7-4-512. MOSEY MANUF TURING CO., INC. f B� g -,7 Charles G. Mosey, President MAY 2 21997 yy� RECORDED ... ---- -- DEDORAH S. SMITH R.W.C. IIIr• d�� A. 1 COMMON COUNCIL VOTING RECORD fnRDINANCE: �JATE: ISusp. WILLIAMS —� OOKOANK hiANKINSON WHITESELL PARKER BODIKER LEMOINE MORRIS EL STRO rules, 1st read. "title only � ............. Seconded ...... ....... ....... ....... p-, f of Publication s .............. ... ....... ..... ✓ ....... `Seconded ....... ....... ...... ....... r ,Move to 2nd v read. 3...................... Seconded ....... ....... ...... ................ .................... ..... Engrossment 1IX ................................................. iSeconded ....... L/ 3usp. rules, 3rd read. !Title only Seconded.............. ...... ........ ...... ....... ...... ..... ....... .... ..... ; 4E•NDED ............ ............ ... ....... ....... ...... (TABLED ................ Seconded ..,,.,. ........ ...... .,..... ,..,... ....... .....,. ....... ....... `..............OF2.....�F„� ..,.....1. ....... .,.. .. ...... .I.. ....... ...... N_-SOLUTraa: - --- i WILL 1AMS!HROOKBANIX1HANKINSON WHITLSELL PARKER BODIKER LLMOINE MORR."S EL5TRO f1,',ATE : Suspend R:ales (Title only E, ............ !Seconded ...,..,I. ..,.... ....... ...... ....... ....... ....... ........ �TABLED (................ Seconded ....... ....... ....... ......... ...... ..... ....... Movedfqr Adoption ....................... Seconded ......... ......... ........ ....... .......