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HomeMy Public PortalAbout017-1983 - Vacation - Miller's CafeteriaAMENDED GENERAL, ORDINANCE N0. 17-1983 AN ORDINANCE VACATING CERTAIN PUBLIC ALLEYS LYING IN THE TERRITORY GENERALLY BOUNDED BY !ATEST MAIN STREET, SOUTHWEST 1st STREET, NATIONAL ROAD WEST AND SOUTHWEST 2nd STREET. WHEREAS, the Miller Corporation having its principal offices at Church and Green Streets, Cambridge City, Indiana, has petitioned the Common Council re- questing vacation of a portion of certain public alleys in order to accomo- date the intended expansion of Miller Cafeteria in Richmond, Indiana; 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 May 2 _, 1983; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commis- sion the 26th day of April , 1983, 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 9 to 0 in favor of/i�/ fpt6,,UAhA/kb recommending passage of Ordinance No. 17-19-93. 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, and subject to an easement being granted to the public for ingress and egress across the petitioner's property to Southwest 1st and Southwest 2nd Streets, the public alleys described below are hereby vacated. Being a 16.00 foot wide alley located south of Lots 17 and 10 and north of Lots 16 and 11 in the West Richmond Addition, also being located between Southwest First Street and Southwest Second Street in the City of Richmond, Indiana, and being more particularly described as follows for the purpose of vacation of said alley: Beginning at the southwest corner of Lot 17 in West Richmond Addition on the east line of Southwest Second Street, and running thence, from said beginning point, east, along the south line of Lots 17 and 10 in said Addition and the north line of said 16.00 foot wide alley, 247.50 feet to the southeast corner of Lot 10 and a point on the west line of Southwest First Street; thence south, along the west line of said street, 16.00 feet to a point at the northeast corner of Lot 11 in said Addition; thence west, along the north line of Lots 11 and 16, 247.50 feet to a point at the northwest corner of said I.ot 16 and a point on the east line of Southwest Second Street, thence north, along the east line of Southwest Second Street, 16.00 feet to the place of beginning. And also: Being a part of a 12.00 foot wide alley located east of Lot 16, and being 12.00 feet off the west side of Lots 11 and 12 in the West Richmond Addi- tion, Richmond, Indiana, and being more particularly described as follows for the purpose of vacating part of said alley: Beginning at the northeast corner of Lot 16 in said Addition on the south line of a 16.00 foot wide alley, said point being 82.5O feet east of the east line of Southwest Second Street, and running thence, from said begin- ning point, east, along the south line of said 16.00 foot wide alley, 12.00 feet to a point; thence south parallel to the west line of Lots 11 and 12 and the east line of said Lot 16, 97.00 feet to a point; thence west, 12.00 feet to a point on the east line of said Lot 16 and the west line of lots 11 and 12; thence north, along the west line of said Lots 11 and 12 and the east line of said Lot 16, 97.00 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. srund moo 9* // &y -72 PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this __�L6� day of _ , 1983. President of Common Council ATTEST: �±t, C1t lerk PRESE14TED by me to thgMa or of the City of Richmond, Indiana, this /1-61) day of 1983. City Clerk APPROVED by me, Clifford J. Di kman, Mayor of the City of Richmond, Indiana this Zlt)i day of }I 1983. M yo r71 ATTEST: Ci tV Clerk `Ihis Instrument Prepare] by E3war3 An erson, City Att. ..G.,, R.w.c RECORDED MAY 11 1983 Or"'S' 1. S TREE T . lea' M26 2be 50' 82.aA S ALJ 22 tokN 17 NI\ A M �M 10 _LAJ 7 2 13 CIC 32 � l 02.5 153 l 1� 0 0 f� " a A 6 _p A W E ST NG16 A RICHMOND 2 A � 2 .._ ._ O VACArEp HOWARD ST. o 3 1a' B 24 A Z� ez a 15a"r2' A " 13 I� C ,�a Oe.e0'H aA Bile.e a/414a 25 N ViIs' A n 0.21A. 60' B " r S TREE T h _ F QNT CATED " S, 4 o I m +� D 50' 50' 142.E a' A FJ w JZ o f o 0 w' A D 200 cn 3 = Q o 3 2 I ZI �aa' 50' se' . a N � o . L rr^^ L 70' en' s s' vJ 0 1 4'1 BEFORE THE COMMON COUNCIL FOR THE CITY OF RICHMOND, INDIANA IN THE MATTER OF THE PETITION OF MILLER CORPORATION FOR THE VACATION OF ALLEY PETITION FOR VACATION OF PUBLIC WAY The Petitioner, Miller Corporation, pursuant to the provisions of IC 36-7-3-12, petitions the Common Council of the City of Richmond, Indiana, as follows: 1. Petitioner is an Indiana corporation organized under the laws of the state of Indiana, having its principal offices at Church & Green Sts, Cambridge City, Indiana 47327, and represented herein by John W. Miller, its President (Telephone 317/962-4811). 2. Petitioner seeks to expand its facilities at the Miller Cafeteria and has announced its intention to commence construction of an Addition of a Banquet Facility and renovation of their cafeteria and food service area. 3. In order to accommodate such intended expansion, Petitioner seeks to effect the vacation of the below described alley. Starting at Southeast corner of Lot 10D of the Oliver Kinsey Addition to West Richmond West along the south boundary of Lot 10 & 17A distance 247.5 ft to SW 2nd Street then South 16 ft to Northwest corner of Lot 16B thence east 82.5 ft. along north boundary of Lot 16B then South 97 ft along east boundary of Lots 16 A & B and part of C; then east 12 ft to the easterly side of said alley; then north 97 ft along west boundary of Lots 12 A & 11 to the north- west corner of Lot " then east 153 ft to northeast corner of Lot 11 then north 16 ft to the point of beginning. 4. The Petitioner owns all land that abuts the proposed property to be vacated. That said vacation will not deprive the general public of any ingress or egress, nor any person from ingress or egress to any property owned by him. However, the names and addresses of certain nearby property owners who may have an interest in the proposed vacation are set forth on the attached "Exhibit A", incorporated herein and made a part hereof. 5. A summary of 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 Petitioner that the vacation herein requested should be conditioned upon the preservation and/or adjustment and relocation of presently existing utility easements and right- of-ways. WHEREFORE, the Petitioner, Miller Corporation, respectfully requests that a public hearing be conducted on its petition for the vacation of the above described alley in accordance with the provisions of IC 36-7-3-12 and IC 5-3-1-1, et seq. MILLER CORP0IJATION John W. Miller, President NOTICE, OF PUBLIC IiLA IaG ) l PETITION FOR VACATION OF PUBLI(7 l.'.AY Notice is hereby given that the Common Council of the lity of. ichTond, >Tayi:e County, Indiana, will hold a ^ublic hearin<; on �tondav, ?'av 2, 1983 at 7.3U p.m. in the Council C'iambers of tie richmond 'iunict)al Buildinr, on the petition of 'filler Corporation requesting; vacation of certain public ways in order to eanand its facilities at the 'Miller Cafeteria. Petitioner seeks to effect the vacation of the Uelo�- described alley. i,eing a 16.00 foot wid,! alley locate-1 south of Lots 17 and 10 and north of Lots 16 and 11 in the `.rest Ri_climond Addition, also Leing; located be- tween Soutlivest First Street and Sout;ivest `_,eco .d `_'treet in the Citv of: Richmond, Indiana, and being riore -)artcularly (iescribed as follows for t;ie purpose of vacation of said alley: Beginnin€; at the southwest corner of Lot 17 in ''est Richmond Addition on the east line of Southvest Second Street, and running thence, from said i,eg;inning; point, east, alonsr the south line of Lots 17 and 10 in said Addition and the north, line of said 16.00 foot �..-ide alley, 247.50 feet to the southeast corner of Lot 10 and a point on the west line of Southwest First Street; thence outh, aloe:- the west line of said street, 16.00 feet to a point at the northeast corner of. Lot 11 in said Addition; thence crest, along; the north line of. Lots 11 rui6 16 247.50 feet to a ;point at the northwest corner of said Lot 16 and a ;)oint on tIhe east line of Southwest Second Street thence north, along the east line of Southwest Second Street, 16.00 feet to the place of bet;innin,_ And also: .1ein , a nar. t of a 12.00 foot ,-ide alley located ea.r:t of Lot 16, and being 12.00 feet off the � .st side of Lots 11 and 12 in the !Vest Richmond Ad- (lition, Richmond, Indiana, and being pore )ar_ticularIv described as fol lows for the purpose of vacating part of said alley: 1�e jnnin,,; at the northeast corner of Lot 16 in said !addition on the south line of a 16.0u foot ride alley, said point being 82.5,01 feet east of tie east line of Southwest Second Street, and running thence, from said be- �Jnnin,; point, east, alon;; the south line of said 16.00 foot i ide alley, 12.00 feet to a point; thence <,out'.i parallel to the i,est line of I:ots 11 and 12 and the east line of said Lot 16, 97.00 feet to a point-, thence west, 12.00 feet to a ?oint on the east line of said Lot 16 and the west line of Lots 11 and 12 and the east line of said Lot 16, 97.0J feet to toe ,slate of beginninn. All parties interested in or affected by t,iis request art-- invited to attend this ,)uL)lic hearinf,. to s,,eak in favor of or in opnosiition to said request. .IoF.11eri Trimlle City Clerk PUUISI April 19, 1983 Delivered b -: Received bv f Date Received EXHIBIT A List of Nearby Propertv Owners 1. Mrs. Ruby L. Curtis 24 Southwest 1st Street Richmond, In. 47374 2. Christopher Dunham 104 Southwest 1st Street Richmond, In. 47374 3. Mr. Robert Woodhurst 104 1/2 Southwest 1st Street Richmond, In. 47374 4. Hawkins Auto Store 116 Southwest 1st Street Richmond, In. 47374 5. Mrs. Wahnetta L. Veregge 101 Southwest 2nd Street Richmond, In. 47374 6. Carroll Dye 103 Southwest 2nd Street Richmond, In. 47374 7. Kathy Mullikin 105 Southwest 2nd Street Richmond, In. 47374 8, I.orraine's Hair Fashions 10') Southwest 2nd, Street P �chmond, Tn. 47374 1 EXHIBIT B Utility Impact 1. General Telephone Company - Minimal relocation will be necessar>,. Proposal: Relocate lines in a manner that is acceptable to both Petitioner and the utility, with the costs of relocation borne by the responsible party. 2. Richmond Gas Corporation - There are no services affected in the ar(,a proposed for vacation. 3. 'Richmond Power & Light - There are above ground lines requiring relocation. Proposal: Relocation of lines in mutually agreed manner, with costs borne by responsible party. 4. Richmond Water Works Corp. - There are no services affected in the area proposed for vacation. 5. Richmond Sanitary District - There is an underground sewer line in alley running south. There will be no work required on this line.