HomeMy Public PortalAbout001-2014 - Amended - Vacation of Public Right of Way2014002757 ORDINANCE $29.00
04/22/2014 02;06:11P 10 PGS
Debra S Tiemann
Wayne County Recorder IN
Recorded as Presented
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AMENDED ORDINANCE NO. 1-2014
A SPECIAL ORDINANCE VACATING
A PUBLIC WAY (STREET)
WHEREAS, The City of Richmond (hereinafter "Petitioner") has petitioned the Common
Council of Richmond, Indiana, requesting that a portion of a dedicated public way
(street) be vacated, which public way has been identified by Petitioner in a legal
description and map showing the portion of the parcel to be vacated, which
Petition to Vacate is attached hereto as Exhibit A and is incorporated by reference
and made a part of this Ordinance; and
WHEREAS, The only abutting landowner is as follows:
(a) Donna Godwin
(property located at 0 South M Street and 0 South 16th Street)
290 Happy Top Road
Grandview, TN 37337
; and
WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public
hearing on said petition on March 17, 2014, 2014, after publishing legal notice
thereof at least 10 days in advance of said hearing as required by statute; and
WHEREAS, The Richmond Advisory Plan Commission conducted a public hearing on said
petition on February 27, 2014, after publishing legal notice thereof at least 10
days in advance of said hearings; and
WHEREAS, There will be a 20' easement on the west side of the vacated right-of-way to
access sewer lines behind properties on South "L" Street; and
WHEREAS, The vacation would not hinder the growth and orderly development of the
community in which it is located in or contiguous to since the land is unlikely to
be developed for residential purposes; and
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WHEREAS, The vacation would not make access to lands owned by others by means of a
public right-of-way difficult or inconvenient because the property owner still has
access from a right-of-way at South "M" and South 15a' Street; and
WHEREAS, The vacation would not hinder the public's access to a church, school or other
public building or place because those structures are not adjacent to this property;
and
WHEREAS, The vacation would not hinder the use of a public way by the neighborhood in
which it is located or to which it is contiguous because residences block the
potential of extending South 151h Street to South "L" Street and there are no plans
to ever do so; and
WHEREAS, It is desirable to vacate said public way.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond,
Indiana, that subject to the preservation of easements for existing utilities, the portion of
dedicated street described in attached Exhibit A is hereby vacated and that ownership of such
land shall vest in the abutting property owner.
Passed and adopted this 7th day of April, 2014, by the Common Council of the City of
Richmond, Indiana.
President
n
PRESENTED to the Mayor of the City of Richmond, Indiana, this 8 h day of April 2014, at 9:00
a.m.
�,,, - /, , 1,,,7, --,
(Karen Chasteen, IAMC, MMC)
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Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this /0 day
, 2014, at 9:05 a.m.
0 1 �', Mayor
(Sarah L. Hutton)
9
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law: Kimberly A. Vessels
VACATION PETITION NO.
A PETITION TO VACATE A DEDICATED ROADWAY
Comes now the owner of the real estate abutting a dedicated roadway more
particularly described herein and, pursuant to Indiana Code 36-7-3-12, petition for
vacation of said roadway.
The dedicated roadway to be vacated is outlined in red on the attached aerial view
of the lot and is described as follows, to wit:
Situated in the Northwest Quarter of Section 9, Township 13 North, Range 1
West, City of Richmond, Wayne Township, Wayne County, Indiana and being a
125.0 foot by 60.0 foot tract of land dedicated for a public street as shown in Plat
Book Number 9, Page 182 recorded on September 26, 1958 in the Office of the
Wayne County Recorder, and being more particularly described as follows:
Beginning at point 125.00 feet north of the north line of Marymount Addition as
shown in Plat Book Number 6, Page 154, and 8.00 feet east of the west line of
South 15th Street extended northwardly;
thence East parallel with the north line of said Marymount Addition 60.00 feet to
a point;
thence South parallel with the west line of said South 15t' Street extended
northwardly 125.00 feet to a point on the north line of said Marymount Addition;
thence West along the north line of said Marymount Addition 60.00 feet to a
point;
thence North parallel with the west line of the South 15t' Street extended
northwardly 125.00 feet to the place of beginning, containing 0.172 acres.
SUBJECT TO: The City of Richmond retains a 20-foot wide ingress and egress
easement off the entire west end of the above described tract of land to access
their sanitary sewer line to the north.
This is to certify that the above description and the attached plat was prepared this
5t' day of August- 2013 and is true and correct to the best of my knowledge and
belief.
RICK L. MCAVENE
Registered Land Surveyor
License No. LS20200050
State of Indiana
The undersigned believes the above property should be vacated for the following
reasons:
a) There has been no interest shown in making this roadway a public street
for approximately the past 40 years.
b) There is no demonstrated current interest in making this roadway a public
street.
c) The roadway has never been used by the City of Richmond
d) The undersigned believes that vacation will not hinder the growth or
orderly development of the City.
e) The undersigned believes that vacation will not hinder the public's access
to any church or public place.
f) The undersigned believes that vacation will not hinder the use or future
growth of developed public ways.
The owner of the land that abuts the dedicated roadway to be vacated is as follows:
a) Donna Godwin 290 Happy Top Road Grandview, TN 37337.
Wherefore, the undersigned owner requests that the City of Richmond Common Council
adopt an ordinance vacating said public place.
Executed this
day of , 2013.
Donna Godwin
By:
Printed:
Capacity:
�EXH!13iT � PAGE )— OF -I _ �
GODWIN, DONNA
290 HAPPY TOP ROAD
GRANDVIEW, TN 37337
Vacation
Created on 11/18/2013 2:29 PM
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CITY OF RICHMOND
DEPARTMENT OF METROPOLITAN DEVELOPMENT
50 NORTH FIFTH STREET - RICHMOND, IN 47374
PHONE (765) 983-7342 - FAX (765) 962-7024
wwwAchmondindiana.gov
November 6, 2013
Ms. Donna Godwin
290 Happy Top Road
Grandview, TN 31337
Re: Vacation of South M Street Lot
Dear Ms. Godwin:
SALLY L. HUTTON
Mayor
ANTHONY L. FOSTER II
Executive Director
SCOTT E. ZDAIv ERMAN
City Planner
On behalf of the City Hof Richmond, Indiana, administration,. I am writing to let you know
that the City is in the process of seeking vacations of various public ways or lots that were
transferred to the City or dedicated as streets at some point in the past. The lots were never built'
as roads and have remained as vacant lots for several decades. The City has no wish to construct
the public ways on these lots because those streets would not be able to lead.to connecting roads.
Instead, the administration would like to vacate the public ways so that those lots will revert to
the current owners of record of adjacent properties.
One of the public ways the City is seeking to vacate is located at South M Street and is
adjacent to the properties you own at both 0 South M Street and 0 South 16th Street in Richmond,
Indiana (State Parcel -ID: 891809120128000030 and Parcel ID 891809120130000030). A map
showing the location of the lot the City wishes to vacate is enclosed with this letter (see red
hatched area). Also enclosed are preliminary survey documents that would eventually be
recorded after any proposed vacation of the lot occurs.
If the City submits a petition to the. Richmond Common Council1 seeking to vacate this
lot, the City will also seek to preserve all existing and/or recorded utility easements in order that
the City may continue to access the utilities on the lots in that area. If the Common Council
approves the. petition, the public way will revert to you as the current owner of the adjacent
properties and will be added back on to the tax rolls when you receive your property tax
statements. Additionally, once vacated, you may also have the vacated lot surveyed at your
expense.
If you are not opposed to the plans the City has to attempt to vacate the lot located
adjacent to your above -referenced lots, the City will proceed under Indiana Code 36-7-3-12 to
submit a vacation petition for the public way. You will receive notice of this petition and notice
of any public hearings scheduled before the Richmond Common Council and the City of
Richmond Advisory Plan commission where public hearings will be held on the petition.
If you do not object to the City of Richmond initiating a vacation petition in connection
with this lot (with the possible outcome being that the public way will revert to you as the current
owner of the adjacent properties if the Common Council ultimately approves the vacation), I
would ask that you sign a copy of this letter and return it to me in the enclosed self-addressed
and stamped envelope. This letter is not a binding agreement and your signature below does not
constitute an intent by you to enter into a binding agreement with the Ci1y of Richmond. You
hvill retain 411 rights you have under the Indiana vacation laws if the City proceeds with the
proposed petition. The City simply wishes to find out if you would object to the vacation of the
public way before the City determines whether to proceed with the proposed vacation petition.
Thank you for your consideration. Please feel free to contact me at 765-983-7343 if you
have any questions in regard to this matter.
Sinq�lely
Scott Zimmerman
City Planner, Department of
Metropolitan Development
Enclosures:
1. Map of lot.
2. Proposed survey documents
3. Self-addressed stamped envelope
I, Donna . Godwin, am not opposed to. the plans the administration of the City of Richmond,
Indiana has to submit a vacation petition under IC 36-7-3-12 to vacate a public way located
adjacent to my properties located at 0 South M Street and 0 South 16th Street, as set forth in the
above letter.
Donna Godwin
Date
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