HomeMy Public PortalAbout016-2010 - Vacation Ordinance - 401 301 East MORDINANCE NO. 16-2010
A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET)
WHEREAS, The Wayne County Board of Commissioners, has petitioned the Common
Council of Richmond, Indiana, requesting that a portion of a 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;
WHEREAS, The only abutting landowners are as follows:
(a) Wayne County Government
c/o Wayne County Board of Commissioners
401 East Main Street
Richmond, Indiana 47374
(b) Wayne County Jail Holding Corporation
401 East Main Street
Richmond, IN 47374
WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public
hearing on said petition on May 2, 2011, 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 April 28, 2011, 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, An easement for all current and future utilities will be recorded.
WHEREAS, After the Ordinance is adopted, a Compliance Order from the Richmond Fire
Department will be submitted to the Wayne County Commissioners that
establishes South 4th Street as a required access road, based on Indiana Fire Code,
which will have the effect of leaving the street open.
WHEREAS, A Memorandum of Understanding (MOU) has been offered by Wayne County
that outlines procedures that must be taken if the County ever desires to close the
street to vehicular traffic. The specifics of this MOU have been agreed to by the
City and County. The County has already signed the Agreement.
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 owners.
Passed and adopted this 2nd day of May, 2011, by the Common Council of the City of
Richmond, Indiana.
S/S Diana Pappin , President
Diana Pappin
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 3rd day of May, 2011, 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 3rd day of
May, 2011, at 9:05 a.m.
_S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)