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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 JIIil111J1111111111111111J1I111J111III11JJI11111111IJIIIJIIIIJIIIIIIiI 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 add �o �o.bq.i2o-lag.00a�q Qdj to 50-09- lao-130.000- DULY ENTERED FQR L"TION Tyhia�aa dayco�f 20 1 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) �fp 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 Adjoining property owners �E��1 � "t r z. } "' _ .'. — r } b � ^'Pare. -s' r P' •ra—, y'' 'Fo va-11 ak`-�;<'ec•�,4'`�-.fya' 41 IN I If 41, _ s a y _ r�.5..... Y�� .� 4i"Sr i4 `'� - ♦r _h1�4 A `� : • ~gyp. `'"' ' � r-r r' d. 1 e a - 5 1 l y - rlY a ra - L t r; c.M t 3 ro oil e � e 1 y r • C. ------------ r , f ._ _ay •� i � 1'ys '�.�r'.� ��X� ..i ...ate-. � _ �i �� _�_ y 4 _ C - r •, . j, : G wr i"' ter.: r"d'w^: s' -; t 'Vh�� n r i T E _ a, i omco;Olo 0zo o m Z 62' RIGHT-OF-WAY Z (66;0') (66.01 oa to 7Cv(+�oO�y N `J r y f� K4�iii � S C) 0 o =j;=Fm H l O / z a " 125' (70.0') LWOL) SOUTH 16 STREET t XHiSsT_,A FACE:0F \,\\, 125' (55.0') v N A v Zi 2 N m (Soo ,,,�cwi��z (Aco z wg V O i �o (55.0') �-� v AD ZE 0 P 2 CA C Z x 0 y w ab � Z N A m a 3" 0 O cb w v � �DIA�e` 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 !"XHUT FACE —7 OF