HomeMy Public PortalAbout024-2015 - Vacation - Portion of S 13th Lot and Portion 18 foot of alley2015003683 ORDINANCE $24.00
05/08/2015 02:27:22P 7 PGS
Debra S Tiemann
Wayne County Recorder IN
Recorded as Presented
ORDINANCE NO.24-2015
A SPECIAL ORDINANCE VACATING
A PUBLIC WAY (ALLEY)
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 and alley) 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) Roman Catholic Archdiocese of Indianapolis Properties, Inc.
P.O. Box 1410
Indianapolis, IN 46202
; and
WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing .on said
petition on May 4, 2015, 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, pursuant to Richmond Code 155.04(b), conducted a
public hearing on said petition on April 23, 2015, after publishing legal notice thereof at least 10
days in advance of said hearings as required by ordinance; 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 being vacated will not be used to extend the public
way (street and alley) and' is being utilized by the property owner currently.
WHEREAS, The vacation would not make access to lands owned by others by means of a public way difficult
or inconvenient; because the property owner owns all adjacent property.
WHEREAS, The vacation would not hinder the public's access to a church, school or other public building or
place; because those structures are a part of the proposed property at the end of a public way
(street and alley).
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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 no changes are planned for the existing portion of South
13th Street or the alley.
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 alley described in attached
Exhibit A is hereby vacated and that ownership such land shall vest in the abutting property owners.
Passed and adopted this -/ day of 2015, by the Common Council of the City of
Richmond, Indiana.
U
(Karen Chasteen, IAMC, MMC)
iDl; 6LrC�P , President
"' -n Oler, Ph.D.)
PRESENTED to the Mayor of the City of Richmond, Indiana, this
9:00 a.m.
day of 2015, at
1 r
(Karen Chasteen, IAMC, MMC)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this �� day of
2015, at 9.05 a.m.
yor
(Sarah L. Huttn)
ATTE
(Karen Chasteen, IAMC, MMC)
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
EXIiIBIT PAGE pF�
Exhibit "A"
STREET & ALLEY VACATION
Part of South 13th Street
& 18-Foot Wide Alley
Situated in the Southwest Quarter of Section 9, Township 13 North, Range 1 West, City
of Richmond, Wayne Township, Wayne County, Indiana, and being part of South 13th
Street and an 18-foot wide alley immediately to the east located in the C.T. Price
Subdivision, Second Addition as shown in Plat Book Number 2, Page 6, and being more
particularly described as follows:
TRACT ONE.
Beginning at the southwest corner of Lot Number 28 in the said C.T. Price Subdivision
on the east line of South 13th Street;
thence West 33.00 feet along the south line of said Street to point on the west line of
said Street;
thence North 387.00 feet along the west line of said Street to a point on the south line of
South V Street;
thence East 33.00 feet with the eastward prolongation of said South V Street to a point
on the east line of said South 13th Street;
thence South 387.00 feet along the east line of said Street to the point of beginning,
containing 0.293 acres, more or less.
TRACT TWO:
Beginning at the northwest corner of Lot Number 37 in the said C.T. Price Subdivision
on the east line of said 18-foot wide alley;
thence South 408.00 feet along the east line of said Alley to the southwest corner of Lot
Number 29 of said Subdivision;
thence West 18.00 feet along the south line of said Alley to the southeast corner of Lot
Number 28 in said Subdivision on the west line of said Alley;
thence North 408.00 feet along the west line of said Alley to the northeast corner of Lot
Number 20 in said Subdivision;
thence East 18.00 feet to the point of beginning, containing 0.168 acres, more or less.
SUBJECT TO: Easements to any existing public utilities within the above described tract
of land.
This is to certify that the above description and the attached plat was prepared this 16th
day of April 2015 and is true and correct to the best of my knowledge and belief.
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RICK L. MCAVENE"��y�
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Registered Land Surveyor
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License No. LS20200050
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State of Indiana
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[See Exhibit B attached hereto]
S.W. 9 13N 1 W RICHMOND WAYNE WAYNE INDIANA
QUARTER SECTION TOWNSHIP RANGE CITY TOWNSHIP COUNTY STATE
PLAT OF NORTH
STREET & ALLEY VACATION CURRENT OWNERSHIP
ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS
PART OF SOUTH 13th STREET &PART OF PROPERTIES, INC. OF MARION COUNTY, INDIANA
A 18-FOOT WIDE ALLEY SITUATED IN C.T. PRICE INSTRUMENT NUMBER , 1855
LOTS 20 THROUGH 38 C.T.
SECOND ADDITION AS SHOWN IN PLAT BOOK 2-6 PRICE, 2ND ADDITION
Scale: 1" = 60'
4-\�.MC'q April 16, 2015
EXHIBIT "B"
LS2 200050
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2 CERTIFIED BY
STATE OF 3 RICK L. McAVENE
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�SUR\J z STATE OF INDIANA
EAST TRACT TWO
33.00' EAST 18.00' POINT OF BEGINNING O
N.W. CORNER LOT 37
(180.0') 0.168 ACRES I
LOT 19
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DEED RECORD 449-510
SOUTH V ST. (180.0')
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(180.0.)
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CURRENT OWNERSHIP
PREPARED BY -
ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS
RICK L. MCAVENE
PROPERTIES, INC. OF MARION COUNTY, INDIANA
CITY SURVEYOR
INSTRUMENT NUMBER 1996001855
ENGINEERING DEPARTMENT
PART OF LOT 91 C.T. PRICE 3ed ADDITION
CITY OF RICHMOND, INDIANA
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CITY OF RICHMOND 0 D
CORPORATE LIMITS
GRAPHIC SCALE
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EXHIBIT A PAGE _�J_OF_5__
DEPARTMENT OF METROPOLITAN DEVELOPMENT
50 NORTH 5'" STREET — RICHMOND, IN 47374
PHONE (765) 983-7217 — FAX (765) 983-7212
smitchell@richmondindiana.gov
December 17, 2014
Roman Catholic Archdiocese
of Indianapolis Properties, Inc.
P.O. Box 1410
Indianapolis, IN 46202
SALLY L. HUTTON
Mayor
ANTHONY L. FOSTER, II
Executive Director
Re: Vacation of portion of South 13th Street Lot and portion of 18-foot alley
To Whom It May Concern:
SARAH MITCHELL
City Planner
On behalf of the City of 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 or alleys at some point in the past. The lots were never built as roads or alleys and have remained as vacant
lots for several decades. The City has no future intention to construct the public ways on these lots because those
streets or alleys 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.
Two of the public ways the City is seeking to vacate are located at or near South 131h Street and are adjacent
to the properties owned by the Roman Catholic Archdiocese of Indianapolis Properties, Inc. at 0 South 14`h Street in
Richmond, Indiana (State Parcel ID: 891809340608000030 and Parcel ID 891809340705000030). A map showing
the location of the two (2) lots 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 lots
occur.
If the City submits a petition to the Richmond Common Council seeking to vacate both lots,
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 ways will both revert to the Roman Catholic Archdiocese of Indianapolis
Properties, Inc. as the current owner of the adjacent properties and will be added back on to the tax
rolls when property tax statements are received (if applicable). Additionally, once vacated, the
vacated lots may be 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 both public ways. 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 the Roman Catholic
R1
PAGE -OFF
Archdiocese of Indianapolis Properties, Inc. 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 City of Richmond. You will retain all 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 ways before the City determines whether to proceed with the
proposed vacation petition.
Thank you for your consideration. Please feel free to contact me at 765-983-7217 if you
have any questions in regard to this matter.
Sincerely,
Sarah Mitchell
City Planner, Department of
Metropolitan Development
Enclosures:
1. Map of lot
2. Proposed survey documents
3. Self-addressed stamped envelope
The undersigned, as agent on behalf of the Roman Catholic Archdiocese of Indianapolis Properties, Inc., states
that the Roman Catholic Archdiocese of Indianapolis Properties, Inc. is 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 the properties located at 0 South 14th Street, as set forth in the above letter
and as shown on the maps and survey documents provided.
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Printed
Title
Date
CC: c/o The Most Reverend Joseph W. Tobin, S.SS.R., Registered Agent,
1400 North Meridian Street, Indianapolis, IN 46202
St. Mary's Catholic Church, 710 North A Street, Richmond, IN 47374
RECORDED MAY 08 2015 DEBRA S. TIEMAWNy A, W. C