HomeMy Public PortalAbout035-2009 - Vacation Ordinance Portion of Old National RoadORDINANCE NO.35-2009
A SPECIAL ORDINANCE VACATING A PUBLIC WAY (ROAD)
WHEREAS, Beals -Moore & Associates, Inc., has petitioned the Common Council of
Richmond, Indiana, requesting that a portion of a public way (road) 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;
WHEREAS, The only abutting landowners are as follows:
(a) Eastside Commercial Park, LLC.
c/o First Richmond Group, LLC.
1010 South A Street
Richmond, IN 47374
WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public
hearing on said petition on July 26, 2009, after publishing legal notice thereof at
least 10 days in advance of said hearing as required by statute;
WHEREAS, The Richmond Advisory Plan Commission, pursuant to Richmond Code
155.04(b), conducted a public hearing on said petition on June 25, 2009, after
publishing legal notice thereof at least 10 days in advance of said hearings as
required by ordinance;
WHEREAS, It is desirable to vacate said public way.
WHEREAS, All utility easements will be described and recorded;
WHEREAS, The property owner will grant an access easement for the public to cross the
property which will be described and recorded;
WHEREAS, The Richmond Department of Metropolitan Development will have the right to
approve the design of access through and across the property;
WHEREAS, It is understand that access will not be granted when the road is closed for
development of the adjoining property;
WHEREAS, The City of Richmond will be responsible for up -keep of the vacated
portion of Old National Road but may back charge the property owner for
those expenses once the road is closed for construction on the adjoining
property; and
WHEREAS, Per Section IC 36-7-4-921 a committee is binding on: the owner of the
parcel; a subsequent owner of the parcel, and a person who acquires an
interest in the parcel.
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 alley described in attached Exhibit A is hereby vacated and that ownership of such
land shall vest in the abutting property owners.
Passed and adopted this 6TH day of July, 2009, by the Common Council of the City of Richmond,
Indiana.
_S/S Bruce Wissel President
(Bruce Wissel)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 7th day of July, 2009, at 9:00
a. m.
S/S Karen Chasteen City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 8th day of
July, 2009, at 9:05 a.m.
_S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)