HomeMy Public PortalAbout006-1982 - Vacation - SW 1st between SW D and SW Ea
ORDINANCE No, 6-1982
BOOK 14 PAGE 1U1 1
MAR 171992 /---,7-Ye-
AN ORDINANCE VACATING CERTAIN PUBLIC WAYS WITHIN THE CITY OF RIamo,
INDIANA, BEING THAT PORTION OF SOUTHWEST 1ST STREET LOCATED BETWEEN
SOUTHWEST "D" AND SOUTHWEST "E" STREETS AND ALSO BEING ALL PUBLIC WAYS
LYING IN THE TERRITORY GENERALLY BOUNDED BY SOUTHWEST 1ST STREET, SOUTH-
WEST "D" STREET, WHITEWATER BOULEVARD AND SOUTHWEST "E" STREET.
WHEREAS, the Richwnd Commmity Schools has petitioned the Common Council
requesting vacation of certain public ways in order to accommio-
date the expansion of facilities at the Richmond Senior High
School; 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 rebruary
1, 1982; and,
WHEREAS, pursuant to the provisions of I.C. 36-7-4-512 a public way may
not be abandoned or vacated within the City of Richmond, until
such time as the Richmond City Plan Commission has given notice
and held public hearing on the proposed vacation; and,
WHEREAS, a study of this Ordinance was conducted by the Richmond City
Plan Commission the 2nd day of February, 1982, 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 six (6) to
zero (0) in favor of recomTnending passage of Ordinance No. 6-
1982.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Rich-
mond, Indiana as follows:
SECTION 1. That conditioned upon the adjustment and relocation of pre-
sently existing utility easements, the public ways described
below are hereby vacated.
That portion of Southwest lst Street in the City of Richmond,
Wayne County, Indiana, commmcing at the intersection of the
western boundary of the right-of-way of said Southwest lst
Street with the southern boundary of the rigout -of -way of
Southwest "D" Street; hence southwardly along the western
line of said Southwest lst Street right-of-way to the inter-
section of said right-of-way with the northern boundary of
the right-of-way of Southwest "E" Street; hence eastwardly
along the northern boundary of the right-of-way of said South-
west "E" Street to the eastern line of the right-of-way of the
said Southwest 1st Street; hence northwardly along the eastern
line of the right-of-way of said Southwest lst Street to the
intersection of said right-of-way with the southern right-of-
way line of Southwest "D" Street; hence westwardly along the
southern right-of-way line of the said Southwest "D" Street
to the intersection of said right-of-way line with the western
boundary of the right-of-way of Southwest lst Street and the
place of beginning.
ALSO: All public ways and/or thoroughfares lying in the City of
Richmond, Wayne County, Indiana, and within the territory
bounded as follows:
To the north, by the southern right-of-way line of Southwest
"D" Street, to the east, by the western right-of-way line of
Whitewater Boulevard; to the south, by the northern right-of-
way line of Southwest "E" Street; and to the west, by the
eastern right-of-way line of Southwest lst Street.
r 14 FACE 11
BC�)t
ORDINANCE NO. 6-1982
Page Two
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 by the Common Cquncil of the City of Richmond, Indiana,
this j day of , 1982.
C�
ATTEST:
Cit Elerk
President of Common Cotner.
PRESENTED by me to tie Mayor of the City of RicYanond, Indiana, this
day of 1982.
"1
City erk
APPROVED by me, Clif€ord J. Dickman Mayor of he City of Richmond, Indiana
this OR izc day of �( , 1982.
Maw
ATTEST:
Cit}/CTerk
This instrument was prepared by Edward N. Anderson Atty.
"7 MAR 17 1982
AW
CITY PLAN COMMISSION
RICHMOND, INDIANA
1.08P.
February 11, 1982
Mr. Kenneth Mills, President
Members of Common Council &
Mrs. JoEllen Trimble, City Clerk
Municipal Building
Richmond, Indiana. 47374
Re: Ordinance No. 6-1982
Plan Commission Case PDP-82-1
Dear Mr. Mills, Members of Common Council & Mrs. Trimble:
The Richmond City Plan Commission conducted a public hearing on
Tuesday, February 2, 1982, on the petition of the Richmond
Community Schools requesting to vacate that portion of Southwest
lst Street, between Southwest "D" and Southwest "E" Streets.
Five (5) notices of public hearing were sent to adjoining prop-
erty owners with one (1) returned in favor. During the public
hearing no one spoke in opposition to the request.
The Plan Commission determined that the general welfare, health
and safety of the citizens of Richmond would be best served with
the granting of the requested vacation, thus allowing the con-
tinued growth of the High School as an integral unit.
Therefore, the Plan Commission voted six (6) to zero (0) to
recoumiend the vacation be granted subject to the adjustment or
relocation of all existing utility easements.
Respectfully submitted,
CITY PLAN C(`HvILSSI f�
Robert B. Goodwin
Executive Secretary
/vl
RICHMOND WATER WORKS CORPORATION
500 EAST MAIN STREET RICHMOND, INDIANA 47374
TELEPHONE 3171962-2541
February 5, 1982
Mr. Kenneth Mills, President
Richmond Common Council
City Building
Richmond, Indiana 47374
Dear Ken:
With reference to our conversation on February 5, 1982, 1 have attached
a map showing the location of Richmond Water Works Corporation's facilities
in Southwest lst Street that are presently being used to serve the Richmond
High School and fire hydrants which are now available for fire protection.
It is my understanding that if Southwest 1st Street is vacated, the
Richmond School Corporation will relocate these facilities at their expense.
As you can see on the attached map, the relocation of these facilities will
be quite difficult and will probably be very costly.
The 6" water line located in Southwest 1st Street not only serves the
high school, but also serves two fire hydrants and gives this area a looped
system which provides for greater fire flows in this area. If Southwest lst
Street is vacated, more than likely the 6" water line would be cut and capped
at both Southwest "D" and Southwest "E" Streets. Therefore, the two fire
hydrants would have to be relocated and services which provide water to the
high school would also have to be relocated.
Keeping in mind that this matter has not been reviewed with the School
Corporation nor with our engineering department, at this time I would be in
favor of extending the 12'' water line located in Whitewater Boulevard, north
to a point that would again allow for a looped system for this area.
If this extension is made according to the attached map, the high school
will be involved with replumbing some of their facilities.
Ken, I would hope that before City Council agrees to vacating Southwest
1st Street, some specific and detailed arrangements can be made concerning
the relocation of these facilities.
If you should have additional questions concerning this matter, please
feel free to call me.
Sincerely,
v
Orville E. lien
Manager
OEA/csm
Attachment
AN AMERICAN WATER WORKS SYSTEM COMPANY
RELLER, MENDENHALL, KLEINKNECHT & MILLIGAN
LAW OFFICES
TWO NORTH EIGHTH STREET
RICHMOND,INDIANA 47374
PAUL S. MENDENHALL
RICHARD B. KLEINKNECHT
WILLIAM H. RELLER
GEORGE R. RELLER
THOMAS S. MILLIGAN
RONALD L. CROSS
WALTER S. CHIDESTER
Mr. Orville Allen
Richmond Water Works Corp
500 East Main Street
Richmond, IN 47374
February 18, 1982
AREA CODE 317
962-1541
RE: RICHMOND COMMUNITY SCHOOLS PROPOSED VACATION OF SOUTHWEST 1st STREET
Dear Mr. Allen:
As you may be aware, this office is counsel for the Richmond
Community Schools, who is petitioning for the vacation of Southwest 1st
Street between Southwest D and E Streets in that part of the City of
Richmond between the High School and former Joseph Moore Elementary
School sites.
At the meeting of the Richmond City Council on February 16, 1982,
letter from your office was read into the record which caused me much
concern and, in all honesty, extreme frustration. Inasmuch as I was not
provided with a copy of the letter, I am having to rely upon my
recollection of its contents as the same was read at the Council meeting.
The points contained in your letter which caused me particular concern
involved the assertion that the Richmond Community Schools had not
contacted the Water Works in advance of filing its petition and your
request that action on the petition be delayed until "detailed plans"
could be made for the relocation of utility services. The effect of your
letter was, in part, to result in an additional two week delay on this
project. As a practical matter, I do not believe that the two week delay
will have any significant negative impact upon the overall project. It
will, of course, tend to further compress an already tight construction
schedule that is geared toward receipt of students in the new facilities
for the Fall of 1983.
With all due respect, it would appear that your request for
"detailed plans" as to utility relocation would "put the cart before the
horse." As has been evident to all concerned parties involved in this
matter, the Richmond Community Schools is most aware of the utility
services in the area. Indeed, I personally went out of my way to contact
Richmond Water Works Corp
Page 2
February 18, 1982
all utilities before the petition was even filed in an attempt to avoid
just such delaying complications as those evidenced by your letter.
Included herewith you will find a copy of my correspondence of December 4,
1981 that was sent to all affected utilities. In my prior conversations
with Mr. Ruble I was made aware of the six inch water main that exists on
Southwest 1st Street. Indeed, Exhibit B of our petition specifically
recognizes the fact that that main would have to be relocated at the
expense of the petitioner (Richmond Community Schools). I received
virtually no response from your office to my letter of December 4, 1981.
Furthermore, this petition proceeded through two public hearings (February
1, 1982 at Common Council and February 2, 1982 before the Richmond City
Plan Commission) whereat your office was totally silent as to any of the
concerns expressed in your letter.
I have provided, for your convenience, a copy of the relevant
statutes wherein the rights of affected public entities are protected
through the course of a vacation proceeding. Indeed, it is our intention
as we enter the detailed line drawing stage of the architectural
development in this project to closely involve your engineers with our
engineers and architects and reach a mutually agreeable plan for the
relocation of utility services affecting the Water Works Corporation and
all other utilities. However, now is not the time to develop such
detailed plans. To address those issues in the conceptual design stage of
the project as we are now in is to, as I suggest above, put the "cart•
ahead of the horse".
I have contacted Mr. John Martin who was in receipt of a letter
from your office bearing date of February 3, 1982 that was received by the
Richmond Community Schools on February 12, 1982. In that letter, your
engineer requested an opportunity to discuss our project and its effect
upon your utility services. Please rest assured that your engineers will
be provided that opportunity and that we will proceed to closely involve
your office as we proceed in sequential fashion through the normal phases
of such a project.
Thanking you for
your continued
ery tr y
RELLER, MENDEN ALL, KLEINKNECHT & MILLIGAN
RLC/bd
cooperation, we are,
yours,
cc: John Martin, William Christopher, RCS; Kenneth Mills, Pres. City
Council, c/o Jo Ellen Trimble, Richmond City Clerk
December 4, 1981
Richmond Ro41er & Light Richmond Gas Corporation
44 South 2th Street 33 South 7th Street
Richmond, IN 471374 Richmond, I+: 47374
Attn: Mr. Ecl Jelly Attn: ?'r, William Misner
Richmond '41a'er Vorks Corpichmond Sanitary y District
500 East ;.lain Street 451 Test Road
Richmond, IN 47374 Richmond, IPA 47374
Attn: Mr. H. Milton Role Attn: Mr, Gerald Moore
!F General Telephone Company Clearview Cable TV
�� 40 North 10th Street 23 South 9th Street
' Rich lord, IN 17374 Richmond, IM 4737n
Attn: t".r. Dan Elst-ever Attn: "Ir. Jeff Maurer
(-1 RE: RICHV01,n C01111UNITY SCHOOLS PROPOSED VACATION OF SOUTWAEST 1ST C)TPEET
U EETWEE'N SOUTHIWEST "10" AND "E" STRUTS
Gentlemen:
Included herewith .you will find a copy of ray client's petition
seeking vacation of Southwest 1st Street between Southwest "D" and
Southwest "E" Streets. I would respectfully direct your attention to
"Exhibit S" of the petition whereat I have attempted .to summarize qy prior
contacts with your offices, which were made for purposes of determining
the effect of our proposed vacation upon the provision of your utility
services. Please revie,,-i the proposed exhibit and if nny notes were
inaccurate as to our nu,iierous conversations, please feel free to call the
discrepancies to my attention at your earliest convenience.
Thanking you and your office for your continued coon -ration in this
matter, we are,
Very truly yours,
RELLER, I'APND:SNHALL, KLEINI-KNECHT & VULIGAN
P,LC/5d
enc.
cc: �� hhn Martin, ppich;aonr1 Cormunity Schools - George Webb, City Engineer
�Ana-_rson, City Attorney
l BEFORE THE COMMON COUNCIL FOR THE
CITY OF RICHMOND, IN13IANA
IN THE MATTER OF THE PETITION
OF RICHMOND COMMUNITY SCHOOLS
FOR THE VACATION OF A PUBLIC WAY
PETITION FOR VACATION OF
PUBLIC WAY
The Petitioner, Richmond Community Schools, 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 a public school corporation organized
under the laws of the State of Indiana, having its principal
offices at 300 Whitewater Blvd., Richmond, Indiana, and
represented herein by its agent, Reller, Mendenhall, Kleinknecht
& Milligan (Ronald L. Cross), 2 North 8th Street, Richmond,
Indiana 47374 (Telephone 317-462-1541).
2. Petitioner is the owner of certain property that has
heretofore been used for school purposes, which property has
heretofore been generally known as the sites of the Joseph Moore
Elementary School and the Richmond Senior High School.
3. Petitioner seeks to expand its facilities at the
Richmond High School site and has announced its intention to
commence construction of a career education center and
renovation of a cafeteria and food service area.
4. In order to accommodate such intended expansion,
Petitioner seeks to effect the vacation of the below described
public way:
That portion of Southwest 1st Street in the City of
Richmond, Wayne County, Indiana, commencing at the
intersection of the western boundary of the right of
way of said Southwest 1st Street with the southern
boundary of the right of bray of Southwest D Street;
hence southwardly along the western line of said
Southwest 1st Street right of way to the intersection
of said right of way with the northern boundary of the
right of way of Southwest E Street; hence eastwardly
along the northern boundary of the right of way of said
Southwest E Street to the eastern line of the right of
way of the said Southwest 1st Street; hence northwardly
along the eastern line of the right of way of said
- 2 -
Southwest Ist Street to the intersection of said right
of way with the southern right of way line of Southwest
D Street; hence westwardly along the southern right of
way line of the said Southwest D Street to the inter-
section of said right of way line with the western
boundary of the right of way of Southwest 1st Street
and the place of beginning.
ALSO: All public ways and/or thoroughfares lying in
the City of Richmond, Wayne County, Indiana, and within
the territory bounded as follows:
To the north, by the southern right-of-way line of South-
west D Street; to the east, by the western right-of-way
line of Whitewater Boulevard; to the south, by the
northern right-of-wayeeastern right-oft
lineofSouthwest
ntsSeet; and �
the •rest, by the
1st Street.
5. The Petitioner owns all land that abuts the proposed
property to be vacated. 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.
6. 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
onditioned upon the reservation and/or
requested should be c
adjustment and relocation of presently existing utility
easements and right-of-ways.
WHEREFORE, the Petitioner, Richmond Community Schools,
respectfully requests that a public hearing be conducted on its
petition for the vacation of the above described public way in
accordance with the provisions of IC 36-7-3-12 and IC 5-3-1-1,
et seq.
RICHMOND COMMUNITY SCHOOLS
By
RELLER NDEN ALL, KLEINKNECHT & MILLIGAN
By �
Rona d L. Cross
Attorney for Petitioner
2 North 8th Street
Richmond, IN 47374
Telephone: 962-1541
EXHIBIT A
List of Nearby Property Owners
1.
Gary L. Sewell
352 Southwest
1st Street
Richmond, IN
47374
2.
Sam329usouthwestflstd
Ruth H.Neff
Street
Richmond, IN
47374
3.
Russell Cunagin and Leota Cunagin
in Southwest
"E" Street
Richmond, IN
47374
4.
Charles C. Myers and Bettie A. Myers
113 Southwest
"E" Street
Richmond, IN
47374
5.
Alice Bach
c/o Dewey Lakes
105 Southwest
"E" Street
Richmond, IN
47374
l
EXHIBIT B
I. Clearview Cable Television - There are above ground CATV
Ines running along the section of Southwest 1st Street
that is proposed for vacation.
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. General Telephone Company - There are above ground lines
running along the sect of of Southwest ist Street that is
proposed for vacation. Contacts with General Telephone
indicate that minimal relocation will be necessary.
Proposal: Relocate lines in a manner that is acceptable
to bot Petitioner and the utility, with the costs of
relocation borne by the responsible party.
3. Richmond Gas Corporation - There are no services affected
in the area proposed for vacation.
4. Richmond Power & Light - There are above ground lines and
street lights running along the section of Southwest 1st
Street that is proposed for vacation.
5.
Proposal: Relocation of lines and lights in mutually
agreed manner, with costs borne by responsible party.
K�c�fioTra Prager- worKs— (here is a six-inch cast iron
main running underground along the western side of that
portion of Southwest Ist Street that is proposed for
vacation.
Proposal: It will be necessary to relocate the line at
tt ee`e�xpense of the Petitioner.
6. Richmond Sanitary District - There is an underground
sewer line etween Southwest 1st and 2nd Streets. It is
believed that the Petitioner's proposed construction
would not affect that line.
It is Petitioner's understanding from discussion with
Sanitary District personnel that the present sewer
separation project would not be affected by the proposed
vacation.
Proposal: Ascertain exact location of sewer line vis a
v's ' ocation of proposed new building. Relocate lines,
if necessary.
r
36-7-3-16 PLANNING AND DEVELOPMENT
24
this chapter, a subsequent vacation proceeding affecting the same property
and asking for the same relief may not be initiated for two [2] years. [IC
36-7-3-15, as added by Acts 1981, P.L. 309, § 22.1
36-7-3-16. Effect of vacation proceedings on public utilities. --
Notwithstanding this chapter, vacation proceedings in a municipality do not
deprive a public utility of the use of all or part of a public way or public
i ground to be vacated, if, at the time the proceedings are instituted, the
utility is occupying and using all or part of that public way or public ground
for the location and operation of its facilities. However, the utility may
waive its rights under this section by filing its written consent in the vaca-
tion proceedings. [IC 36-7-3-16, as added by Acts 1981, P.L. 309, § 22.]
CHAPTER 4
LOCAL PLANNING AND ZONING
'
1100 ,SERIES -APPLICABILITY AND RULES
or CONSTRUCTION]
SECTION.
`
36-7-4-100. Citation of series.
36-7-4-101.
"Advisory planning law."
p<<,
36-7-4-102.
"Area planning law."
36-7-4-103.
"Metropolitan development
law."
36-7-4-104.
"Series."
36-7-4-105.
[Repealed.]'
36-7-4-106.
Citation to prior law construed.
.1200 SMEs-COJfMlssloN EsTASLISH%IENT
-
AND MEMBERSHIP]
36-7-4-200.
Citation of series.
-
-
36-7-4-201.
Purpose of chapter.
36-7-4-202.
Advisory plan commission -.
�-
Metropolitan plan commission
in Delaware and Vanderburgh
counties - Area planning
department --- Metropolitan
development commission -
Establisbment.
36-7-4-203.
Functions of metropolitan plan
commission and area planning
department.
j_
36-7-4-204.
Adoption of area planning law
by other municipalities -
Effect.
36-7-4-205.
Extent of territorial authority of
comprehensive plan.
36-7-4-206.
Extent of territorial authority of
nonparticipating munic-
ipalities - Area planning.
36-7-4-207.
Membership of city plan corn -
mission - Representation on
area plan commission- Mem-
bership of metropolitan
'
development commission.
-
36-7-4-208.
Membership of county and
metropolitan plan commis -
SECTION.
sions -- County rep-
resentatives.
36-7-4-209.
Designation of municipal rep-
resentatives.
36-7-4-210.
Advisory council on town affairs
- Selection of representatives
to area plan commission.
35-7-4-211.
Area plan commission -
Change of representation.
36-7-4-212.
Area plan commission - Certi-
fication of members.
36-7-4-213.
Appointment of .reciprocal rep-
resentatives *of county and
municipal plan commissions.
36-7-4-214.
Additional members to munic-
ipal plan commission required
for unincorporated area.
36-7-4-215.
Additional members to town
plan commission allowed for
unincorporated. area.
36-7-4-2.16.
Qualifications of citizen mem-
bers.
36-7-4-217.
Terms of certain members.
36-7-4-218.
Appointment of citizen members
- Terms - Removal.
36-7-4-219.
[Repealed.)
36-7-4-220.
Vacancies.
36-7-4-221.
[Repealed.]
36-7-4-222.
Attendance at conferences -
Expenses paid.
36-7-4-223.
Zoning matters - Conflict of
interest.
[300 SERIES---CODIMISSION
ORGANIZATION]
36-7-4-300.
Citation of series.
36-7-4-301.
Quorum.
36-7-4-302.
Official action of plan commis-
sion and metropolitan plan
commission.
36-7-4-303.
Election of president and
vice-president of plan commis-
377
Yo-IBieai=�bedOby St&W Hoard of Accounts
General Form No. M P (Rev. 1967)
CitX Clerk L_� . of :achmond To Palladium Publishing Corporation
Dr.
(Governmental Unit)
117.3 North .1 Street
_....._....._.......Wayne...... ..County,Indiana ......1 lk4MoAdr. t
4WIA 47371.......
PUBLISHER'S CLAIM
LINE COUNT
Display flatter (Must not exceed two actual lines, neither of which shall total
more than four solid lines of the type in which the body of the advertisement
is set) number of equivalent lines
Head —number of lines
Body —number of lines
Tail —number of lines
Total number of lines in notice
COMPUTATION OF CHARGES
....66...... _ lines, .... one .....columns wide equals ...... 66..... equivalent
lines at ... e.+.8.7. cents per line
Additional charge for notices containing rule or tabular work
(50 Der cent of above amount)
Charge for extra proofs of publication
(50 cents for each proof in excess of two)
TOTAL AMOUNT OF CLAIM
DATA FOR COMPUTING COST
Width of single column 9 ems
1
Number of insertions ........
Size of type 6 point
Size of quad upon which type is cast ........
$... YXX-.12.34
................
Pursuant to the provisions and penalties of Ch. 155, Acts 1953,
I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all
just credits, and that no part of the same has been paid.
Date: ............ Jart.uat Y..ly......, 19..�?... Title ...... 4.d.;+.:11~r. ................ ...............
Common Council of the City of R
mond, Wayne County, Indiana,
hold a public hearing on Mom
February 1. 1982 at 7:30 a.m. in
ichmond Community schools re-
ntingvocation of a certain portion
f Southwest 1st Street, more par-
cularly described m I.[lows:
That portion of Southwest 1st
Street in the City of Richmond,
Wayne County. Indiana, com-
encing at the intersection f
ffie western boundary of the
,ght of woy of said Southwest 1st
StrtwI with the southern of the
right of way of Southwest D
Street: hence southwardly along es the wtern line of said South-
west 1 st Street right of way to the
intersection of said
right of woy
with the northern boundary of
the right of woy o1 Southwest E
Street; hence astwordly along
the northern boundary of the
fight of woy of said Southwest E
Street to the eastern fine of the
right of way of the said South-
west 1511 Street: hence north-
wordly Plana the eastern line of
of said right of ay
southern 'alit of wt
D Street to the intersection of
said right of way line with the
western boundary of the right of
ay of Southwest 1 st Street and
the place of beginning.
ALSO: Atl public ways and/or
thouroughfaoa lyi in the C.
al Richmond, Wayne Count', In -
di n and 'thin the territory
bounded os follows:
To the north, by the southern
right-of-way line of Southwest D
Street: to the east, by the west-
ern right-ol-way line of W hitewa-
ter Boulevard: to the south, 6y
the northern right-of-woy line of
Southwest E Street,ond to the
eel, by the eastern right-of-way
line of by
Ist Street.
All parties interested in or affected
y this request are invited to attend'.
is public heto speak in favor
f or in opposition to sold request.
Wi9r, Trimble,
iw Clerk
PUBLISHER'S AFFIDAVIT
State of Indiana )
....... Wayne ....... County) ss
Personally appeared before rne, a notary public in and for said county and state,
Bruce E. Coury who,
the undersigned...........................................................
being duly sworn, says that ...be is. Advertising Director ........................
of the...... Palladium -Item .......................... a ...... Dail}r...............
newspaper of general circulation printed and published in the English language in the
(city) of ..... _...... Richmond, Indiana ...........................in state and county
aforesaid, and that the printed matter attached hereto is a true copy, which was duly
published in said paper for... Vngime..., the dates of publication being as follows:
.................
. . .....
Subscribed and sworn to befo a me ii.... day
.0 19..F,2
-G.. C......
Notary Public
My commission expires ... �.,9nUcilry . 2 3 y..1y 83
BEFORE THE COMMON COUNCIL FOR THE
CITY OF RICHMOND, INDIANA
IN THE MATTER OF THE PETITION
OF RICHMOND COMMUNITY SCHOOLS
FOR THE VACATION OF A PUBLIC WAY
PETITION FOR VACATION OF
PUBLIC WAY
The Petitioner, Richmond Community Schools, 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 a public school corporation organized
under the laws of the State of Indiana, having its principal
offices at 300 Whitewater Blvd., Richmond, Indiana, and
represented herein by its agent, Reller, Mendenhall, Kleinknecht
& Milligan (Ronald L. Cross), 2 North 8th Street, Richmond,
Indiana 47374 (Telephone 317-962-1541).
2. Petitioner is the owner of certain property that has
heretofore been used for school purposes, which property has
heretofore been generally known as the sites of the Joseph Moore
Elementary School and the Richmond Senior High School.
3. Petitioner seeks to expand its facilities at the
Richmond High School site and has announced its intention to
commence construction of a career education center and
renovation of a cafeteria and food service area.
4. In order to accommodate such intended expansion,
Petitioner seeks to effect the vacation of the below described
public way:
That portion of Southwest 1st Street in the City of
Richmond, Wayne County, Indiana, commencing at the
intersection of the western boundary of the right of
way of said Southwest 1st Street with the southern
boundary of the right of way of Southwest D Street;
hence southwardly along the western line of said
Southwest 1st Street right of way to the intersection
of said right of way with the northern boundary of the
right of way of Southwest E Street; hence eastwardly
along the northern boundary of the right of way of said
Southwest E Street to the eastern line of the right of
way of the said Southwest 1st Street; hence northwardly
along the eastern line of the right of way of said
- 2 -
Southwest 1st Street to the intersection of said right
of way with the southern right of way line of Southwest
D Street; hence westwardly along the southern right of
way line of the said Southwest D Street to the inter-
section of said right of way line with the western
boundary of the right of way of Southwest 1st Street
and the place of beginning.
ALSO: All public ways and/or thoroughfares lying in
the City of Richmond, Wayne County, Indiana, and within
the territory bounded as follows:
To the north, by the southern right-of-way line of South-
west D Street; to the east, by the western right-of-way
line of Whitewater Boulevard; to the south, by the
northern right-of-way line of Southwest E Street; and to
the west, by the eastern right-of-way line of Southwest
1st Street.
5. The Petitioner owns all land that abuts the proposed
property to he vacated. 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.
6. 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
s
requested should be conditioned upon the preservation and/or
adjustment and relocation of presently existing utility
easements and right-of-ways.
WHEREFORE, the Petitioner, Richmond Community Schools,
respectfully requests that a public hearing be conducted on its
petition for the vacation of the above described public way in
accordance with the provisions of IC 36-7-3-12 and IC 5-3-1-1,
et seq.
RICHMOND COMMUNITY SCHOOLS
By
RELLER, HALL, KLEINKNECHT & MILLIGAN
By cy','4
Ronald L. Cross
Attorney for Petitioner
2 North 8th Street
Richmond, IN 47374
Telephone: 962-1541
EXHIBIT A
List of Nearby Property Owners
1.
Gary L. Sewell
352 Southwest
1st Street
Richmond, IN
47374
2.
Samuel H. Neff
and Ruth H. Neff
329 Southwest
1st Street
Richmond, IN
47374
3.
Russell Cunagin
and Leota Cunaqin
111 Southwest
"E" Street
Richmond, IN
47374
4.
Charles C. Myers
and Bettie A. Myers
113 Southwest
"E" Street
Richmond, IN
47374
5.
Alice Bach
c/o Dewey Lakes
105 Southwest
"E" Street
Richmond, IN
47374
6. John Von Pein, President
School Board of Trustees
Richmond Community Schools
Whitewater Blvd.
Richmond, IN 47374
EXHIBIT B
1. Clearview Cable Television - There are above ground CATV
Ines running along the section of Southwest 1st Street
that is proposed for vacation.
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. General Telephone Company - There are above ground lines
running along the section of Southwest 1st Street that is
proposed for vacation. Contacts with General Telephone
indicate that minimal relocation will be necessary.
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.
3. Richmond Gas Corporation - There are no services affected
in the area proposed for vacation.
4. Richmond Power & Light - There are above ground lines and
street lights running along the section of Southwest 1st
Street that is proposed for vacation.
Proposal: Relocation of lines and lights in mutually
agreed manner, with costs borne by responsible party.
5. Richmond Water Works Corp - There is a six-inch cast iron
main running underground along the western side of that
portion of Southwest 1st Street that is proposed for
vacation.
Proposal: It will be necessary to relocate the line at
the expense of the Petitioner.
6. Richmond Sanitary District - There is an underground
sewer line between Southwest 1st and 2nd Streets. It is
believed that the Petitioner's proposed construction
would not affect that line.
It is Petitioner's understanding from discussion with.
Sanitary District personnel that the present sewer
separation project would not be affected by the proposed
vacation.
Proposal: Ascertain exact location of sewer line vis a
vis location of proposed new building. Relocate lines,
if necessary.
T 0 :
RE: NOTICE OF PUBLIC HEARING ON PROPOSED VACATION OF
SOUTHWEST 1st STREET BETWEEN SOUTHWEST "D" AND SOUTHWEST
"E" STREETS
YOU ARE HEREBY NOTIFIED that the Richmond Community
Schools, as an abutting property owner, has filed with the
Common Council for the City of Richmond, Indiana, its petition
to vacate the below described public ways:
That portion of Southwest lst Street in the City of
Richmond, Wayne County, Indiana, commencing at the
intersection of the western boundary of the right of
way of said Southwest 1st Street with the southern
boundary of the right of way of Southwest D Street;
hence southwardly along the western line of said
Southwest 1st Street right of way to the intersection
of said right of way with the northern boundary of the
right of way of Southwest E Street; hence eastwardly
along the northern boundary of the right of way of said
Southwest E Street to the eastern line of the right of
way of the said Southwest 1st Street: hence northwardly
along the eastern line of the right of way of said
Southwest 1st Street to the intersection of said right
of way with the southern right of way line of Southwest
D Street; hence westwardly along the southern right of
way line of the said Southwest D Street to the inter-
section of said right of way line with the western
boundary of the right of way of Southwest Ist Street
and the place of beginning.
ALSO: All public ways and/or thoroughfares lying in
the City of Richmond, Wayne County, Indiana, and within
the territory bounded as follows:
To the north, by the southern right-of-way line of South-
west D Street; to the east, by the western right-of-way
line of Whitewater Boulevard; to the south, by the
northern right-of-way line of Southwest F Street; and to
the west, by the eastern right-of-way line of Southwest
1st Street.
YOU ARE ALSO NOTIFIED that a public hearing will be
conducted on said petition on the day of ,
1982 at o'clock p.m. in the Common Council Chambers, 3rd
Floor, R1cTmon7 City Building. If ,you wish to be heard in
support of or opposition to said petition, you should be present
at the above described public hearing.
If you receive this notice and are not the owner of the
property that you occupy, then please forward this notice
immediately to the property owner.
COMMON COUNCIL OF THL CITY
OF RICHMOND, INDIANA
By _
Jo ETTen TrTmbTe, Clem
NOTICE OF PUBLIC HEARING
ON PETITION FOR VACATION OF PUBLIC WAY
Notice is hereby given that the Common Council of the City of Richmond, Wayne
County, Indiana, will hold a public hearing on Monday, February 1, 1982 at 7:30
p.m. in the Council Chambers of the Richmond Municipal Building on the petition
of Richmond Community Schools requesting vacation of a certain portion of
Southwest 1st Street, more particularly described as follows:
That portion of Southwest 1st Street in the City of Richmond,
Wayne County, Indiana, commencing at the intersection of the
western boundary of the right of way of said Southwest 1st
Street with the southern boundary of the right of way of
Southwest D Street; hence southwardly along the western line
of said Southwest lst Street right of way to the intersection
of said right of way with the northern boundary of the right
of way of Southwest E Street; hence eastwardly along the
northern boundary of the right of way of said Southwest E
Street to the eastern line of the right of way of the said
Southwest lst Street; hence northwardly along the eastern
line of the right of way'of said Southwest 1st Street to the.
intersection of said right of way with the southern right
of way line of Southwest D Street; hence westwardly along
the southern right of way line of the said Southwest D Street
to the intersection of said right of way line with the western
boundary of the right of way of Southwest 1st Street and
the place of beginning.
ALSO: All public ways and/or thoroughfares lying in the City
of Richmond, Wayne County, Indiana, and within the territory
bounded as follows:
To the north, by the southern right-of-way line of Southwest
D Street; to the east, by the western right-of-way line of
Whitewater Boulevard; to the south, by the northern right-of-
way line of Southwest E Street; and to the west, by the
eastern right-of-way line of Southwest 1st Street.
All parties interested in or affected by this request are invited to attend
this public hearing to speak in favor of or in opposition to said request.
JoEllen Trimble
City Clerk
PUBLISH:
January 19, 1982 Delivered by:
Received bXrL.1!� .
Date Received:
4T I
PI.A_NN-MG ANN`D DEVELOPMENT
36-7-3-14
ire
;rt
it,
'le
if
st
I
36-7-3-12 Vacation of public way or place; petition; notice; hearing;
adoption of ordinance; appeals
Sec. 12. (a) Persons who:
(1) own or are interested in any lots or parts of lots in a municipality; and
(2) want to vacate all or part of a public way or public place in or contiguous
to those lots or parts of lots;
may file a petition for vacation with the legislative bodv of the municipality in
which the part of the public way or public place to be vacated is located.
(b) Notice of the petition must be given in the manner prescribed by subsection
(c). The petition must:
(1) state the circumstances of the case;
(2) specifically describe the property proposed to be vacated; and
(3) give the names and addresses of all owners of land that abuts the
property proposed to be vacated.
(c) The legislative body shall hold a hearing on the petition within thirty (30)
days after it is received. The clerk of the legislative body shall give notice of the
petition and of the time and place of the hearing:
(1) in the manner prescribed in IC 5-3-1; and
(2) by certified mail to each owner of land that abut., the property proposed
to be vacated.
The petitioner shall pay tl:e expense of providing this notice.
(d) The hearing on the petition is subject to IC 5-14-1.5. At the hearing, any
person aggrieved by the proposed vacation may object to it w; provided by section
13 of this chapter.
(e) After the hearing on the petition, the legislative body may, by ordinance,
vacate the public way or public place. The clerk of the legislative body shall
furnish a copy of each vacation ordinance to the county recorder for recording and
to the county auditor.
(f) Within thirty (30) days after the adoption of a vacation ordinance, any
aggrieved person may appeal the ordinance to the circuit court of the county. The
court shall try the matter de novo and may award damages.
As added by Acts 1981, P.L.309, SEC.22. Amended 1 y Acts 1981, P.L.46, SEC.6.
36-7-3-13 Vacation proceedings; filing of remonstrances and objections;
grounds
Sec. 13. A remonstrance or objection permitted by section 11 or 12 of this
chapter may be filed or raised by any person aggrieved by the proposed vacation,
but only on one (1) or more of the following grounds:
(1) The area sought to be vacated is necessary to the growth of the munici-
pality in which it is located or to which it is contiguous.
(2) The vacation would make access to the lands of the aggrieved person by
means of public way impossible.
(3) The vacation would eliminate the public's access to a church, school, or
other public building or place.
As added by Acts 1981, P.L.309, SEC.22. Amended by Acts 1951, P.L.46, SEC.7.
36-7-3-14 Vacation of platted land; descriptions of lots and parcels in plat
preserved; exceptions
Sec. 14. (a) If any platted land is vacated, the descriptions of the lots and
parcels of that land shall be preserved as set forth in the plat, with the
proportionate parts of vacated streets and alleys added as provided by law, un!ess
219
NOTICE OF PUBLIC HEARING
ON PETITION FOR VACATION OF PUBLIC WAX
Notice is hereby given that the Common Council of the City of Richmond, Wayne
County, Indiana, will hold a public hearing on Monday, February 1, 1982 at 7:30
p.m. in the Council Chambers of the Richmond Municipal. Building on the petition
of Richmond Community,Schools requesting vacation of a certain portion of
Southwest lst Street, more particularly described as follows:
That portion of Southwest 1st Street in the City of Richmond,
Wayne County, Indiana, commencing at the intersection of the
western boundary of the right of way of said Southwest 1st
Street with the southern boundary of the right of way of
Southwest D Street; hence southwardly along the western line
of said Southwest lst Street right of way to the intersection
of said right of way with the northern boundary of the right
of way of Southwest E Street; hence eastwardly along the
northern boundary of the right of way of said Southwest E
Street to the eastern line of the right of way of the said
Southwest 1st Street; hence northwardly along the eastern
line of the right of way'of said Southwest 1st Street to the
intersection of said right of way with the southern right
of way line of Southwest D Street; hence westwardly along
the southern right of way line of the said Southwest D Street
to the intersection of said right of wriy line with the western
boundary of the right of way of Southwest 1st Street and
the place of beginning.
ALSO: All public ways and/or thoroughfares lying in the City
of Richmond, Wayne County, Indlana, and within the territory
bounded as follows:
To the north, by the southern right-of-wny line of Southwest
D Street; to the east, by the western right-of-way line of
Whitewater Boulevard; to the south, by the northern right-of-
way line of Southwest E Street; and to the west, by the
eastern right-of-way line of Southwest lst Street.
All parties interested in or affected by this request are invited to attend
this public hearing to speak in favor of or in opposition to said request.
PUBLISH:
January 19, 1982
JoEllen Trimble
City Clerk
Delivered by:_ '1i ��4.� "'e-
Received b
i
Date Received: