The URL can be used to link to this page

Home My Public Portal About138-1984 - VACATION - PORTION OF A 10FT ALLEY RUNNING WET OFF OF SOUTH 5TH BETWEEN SOUTH A AND SOUTH B STREETBOOK 14PAGE322 DEC 20 1994 ORDINANCE NO. 138-1984 AN ORDINANCE VACATING A CERTAIN PUBLIC WAY WITHIN THE CITY OF RICHMOND, INDIANA, BEING THAT PORTION OF A TEN (10) FOOT ALLEY RUNNING WEST OFF OF SOUTH 5th STREET BETWEEN SOUTH "A" AND SOUTH "B" STREETS. WHEREAS, Frank J. and Lucille A. Juerling and Norman W. Pilgram have petitioned the Common Council of the City of Richmond requesting to vacate a certain ten (10) foot alley; and, WHEREAS, the Common Council, pursuant to the provisions of I.C. 36-7-3-12, conducted a public hearing on said vacation petition on (1�or�.�,�P��, 3 1984; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the a 7r1 day of , 1984, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the voteof the Richmond City Plan Commission was 9 to p in favor of/' recommending passage of Ordinance No. 138-1984. 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 way described below is hereby vacated: Being all of the ten (10) foot alley described as follows: Beginning at the northeast corner of Lot 35 in that part of the City of Richmond laid out by John Smith, and run- ning thence west one -hundred twenty-five (125) feet to the northwest corner of said Lot 35; thence north ten (10) feet to the southwest corner of Lot 30 in that part of the City of Richmond laid out by John Smith; thence east one hundred twenty-five (125) feet to the southeast cor- ner of said Lot 30; thence south ten (10) feet 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 this 3,2d day of jj6�1984, by the Common Council of the City of Richmond, Indiana. resident of C on until Howard J. Els ATTEST: City C erk Mary Merchanthouse PRESENT D to the Mayor of the City of Richmond, Indiana, this �� day of 1984. 1984. City Clerk Mary Merchanthouse APPROVED by me, Frank H. Wa termann, Mayor of the City of Richmond, Indiana, this day of , 1984. ayor Frank H. Waltermann ATTEST: yy7�, cGwLe�i City Clerk Mary Merchanthouse 115 h PILGRIM r 12, Richard hi and -- -- Vickie J. King - -- - -V- - ' - - _..t- - - and s 3ackie L. 1-cover ,flill' F. Brandenbur, + 5 ' vacat alley Bt10K 14PAGE328 X,V//7/ A i� r ( FORMERLY WALNUT STREET) 70. #101 •George a �s H. and ;7uneS2Iripp t4 Terr� inn Trisler #103 Harold E. Moore and y^° Mary •S . Quigley '^ Terry Ann Trisler c t2s• Roger D. and Sharon Izs #105 Moore, 136 S. 17 Terry Ann Trisler lie H. and--- —� O ---- ------ 1 & Eva DI. Bowman #1 3 . JUERLING a t ---- '\ las Richard & Magaret r� c Jenkins _3 �#12 h 4_ Maude Reber Now ti � �v w 125' U. �-A O 125 w-bAE:-gtEE'1---------"- 1 2 5 1s w 51.33- � o.,•e.. ti 70'. L K �:y 70' BOOK 14PdGE323 Personally appeared before me, a Notary Public in and for said County and State, Howard J. Elstro this J,,.A47day of ,Dere,nb,er, 1984. xW f -?� Carol E. Brady State of Indiana: Notary pPublic`�: �oun�y /IVWRyrvF_C�6",.: 2y CoumQission Erpires: q7 p� j- gSl This instrument prepared by Kenneth Barden, Attorney at Law. Return to: City Clerk's Office Municipal Building Richmond, Indiana 47374 BOOK 14PAGE324 BEFORE THE COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION OF FRANK J.JUERLING AND LUCILLE A. JUERLING and NORMAN W. PILGRIM FOR THE VACATION OF CERTAIN PUBLIC WAYS PETITION FOR VACATION OF CERTAIN PUBLIC WAYS The Petitioners Frank J.Juerling and Lucille A. Juerling and Norman W. Pilgrim,'pursuant to the provisions of I.C. 3.6-7-3-12, petition the Common Council of the City of Richmond, Indiana as follows: (1) Petitioners are individuals and are represented herein by James H. Ronald, (966-7581), Agent. (2) Petitioners are acting on behalf of a prospective buyer which seek to expand parking space offered at its facilities at Fifth and South A Streets in Richmond, Indiana. (3) In order to accommodate such intended expansion, Petitioners seek to effect the vacation of the public ways described below: The 10 foot alley between the following described tracts: Lot Number Thirty (30) in that part of the City of Richmond laid out by John Smith. EXCEPTING therefrom thirty-two (32) feet in equal width off of the entire north side thereof. ALSO a part of Lot Number Thirty-five (35) in that part of the City of Richmond, Wayne County, Indiana, laid out by John Smith and being further described as follows, to -wit: Beginning at a point on the west side of South Fifth Street in said City of Richmond and 209.75 feet north of the north line of South B Street; thence north 48.25 feet along the west line of said South Fifth Street to an alley; thence west along the south line of said alley 125 feet to an alley on the west side of said real estate; thence south along the east side or line of said alley 48.25 feet; thence due east 125 feet to the place of beginning. Subject, however, to, the perpetual right of the owner of the.real estate immediately south of and adjacent to said above described real estate to the use of a sewer or drain through said above described real estate which said sewer or drain leads from the real estate immediately south of and adjacent to the above described real estate and is connected with the sewer or drain on said above described real estate. (4) The Petitioners own all the land that abuts the proposed property to be vacated. The names and addresses of the other property owners who have an interest in the proposed vacation are set forth on the attached "Exhibit A", incorporated herein and made a part hereof. (5) A list of those utility companies who will be contacted to ascertain the effect of the proposed vacation upon the existing utility services is set forth in the attached "Exhibit B", made a part hereof, and incorporated herein. it is acknowledged by the Petitioners that the vacation herein requested should be conditioned upon the preservation and/or adjustment and re- location of presently existing utility easements and right-of- ways. BOOK 14PAGE325 EXHIBIT A 1. Terry Ann Trisler 8673 West White Oak Lake Columbus,•Indiana 47201 2. Richard W. & Vicki J. King 122 South 5th Street Richmond, Indiana 47374 3 Eva M. Bowman 113 South 4th Street Richmond, Indiana 47374 4. Roger D. :Moore and Sharon A. Moore 136 South 17th Street Richmond, Indiana 47374 nox 14PAGE327 PETITION OF FRANK J. JUERLING AND LUCILLE A. JUERLING and NORMAN W. PILGRIM FOR VACATION OF CERTAIN PUBLIC WAYS Page 2 WHEREFORE, the Petitioners, Frank J. Juerling and Lucille A. Juerling and Norman W. Pilgrim, respectfully request 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 36- 7-3-12 and IC 5-3-1-1, et seq. FRANK JUERLING U I�LE A. �"ERLI NORMAN W. PILGR 1 Personally appeared before me, a Notary in and for said Wayne Cou�xty .and the'•Stake of Indiana, Frank J. Juerling, Lucille A. juerling and Norman W: Pifgr Carol E. Brady Notary Public Resident of Wayne County My Commission Expires: -W-1? Date: //- / gr7 COMMON COUNCIL VOTING RECORD III E OOKIDANK �,�IAINKINSON HWHITESKELL PARKER BODIKER LEMOINE 1M+0WRRISLSTRU )AATE: WILLIAMS"M5 0 Stjsp. rules, Ist read., . ............. title only ............... I ............ .......... + ........... ........... ......... roof of .......Publication ... .1, ...... ....... I .......... econded I ......... I I,-- �Move to 2nd read. iSeconded Engrossment ...... I .......... I ........... ,Seconded ✓ ;usp. rules, 3rd read. 's iTitle only ... ............................. ......... ................... 1Seconded .. 4ENDED .... ...................... .......... I ..........I. ........ .......I.......... I .......... I—: . ......... ....... ....... TABLED L... ... ...... ........... 1:3econde'i ... .............. op. ........ ........ .......... kEXCTION IH7SOLUT IC)t4:____ ELSTRO k WILLIAMS ROOKBAW KANKINSW WHI TESELL PARKER BODIKER LEMOINE MORRIS IJATE: Suspend Rules �Title only . ......... ......... ......... .......... !I ....................... ........ !Seconded ..... ......... .... ......... ................... .......... . I ..... .. . ......... ..... �Movedfgr Adoption ......... ............... Seconded