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
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as North "G" Street with the west line of a twenty (20) foot
10-4
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wide alley and running thence, from said beginning point, south
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one hundred twenty-one and ninety-one hundredths (121.91) feet
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to the southeast corner of said Lot Number 15; thence east twenty
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(20) feet to the southeast corner of Block "A" in Abijah Moffitts
a
Third Addition; thence north, along the west line of said Block
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"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;
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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
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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.
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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
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Engrossment
1IX
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3usp. rules, 3rd read.
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N_-SOLUTraa: - ---
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WILL 1AMS!HROOKBANIX1HANKINSON
WHITLSELL
PARKER
BODIKER
LLMOINE
MORR."S
EL5TRO
f1,',ATE :
Suspend R:ales
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Movedfqr Adoption
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