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Home My Public Portal About027-2011 - Vacation - NW 7th Street _Manville_ORDINANCE NO. 27-2011 A SPECIAL ORDINANCE VACATING A PUBLIC WAY (STREET) WHEREAS, Gordon Moore, of Beals -Moore & Associates, Inc., as agent for Manville Building Materials Corp. 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; and WHEREAS, The only abutting landowner is as follows: (a) Manville Building Materials Corp., c/o Ryan & Company (Property located at 0 NW 7th Street) 13155 Noel Road LB 71 Dallas, TX 75240-5090 ; and WHEREAS, Common Council, pursuant to Indiana Code 36-7-3-12, conducted a public hearing on said petition on June 6, 2011, 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 May 26, 2011, 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 because Manville owns both sides of the street; and WHEREAS, The vacation would not make access to lands owned by others by means of a public way difficult or inconvenient because the road dead -ends at a railroad track; and WHEREAS, The vacation would not hinder the public's access to a church, school or other public building or place because there are no such properties in that area; and 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 there is an alley that still provides access through the general area; and WHEREAS, The location of existing utilities be described and recorded in an easement covering the entire section of street being vacated to allow access for maintenance. WHEREAS, It is desirable to vacate said public way. NOW, THEREFORE, be in 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 6th day of June, 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, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this 7th day of June, 2011, at 9:00 a.m. S/S Karen Chasteen , City Clerk (Karen Chasteen, IAMC, MMC) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 7th day of June, 2011, at 9:05 a.m. S/S Sarah L. Hutton , Mayor ATTEST: S/S Karen Chasteen , City Clerk (Karen Chasteen, IAMC, MMC) Instrument prepared by Walter S. Chidester, City Attorney, Department of Law, Richmond, Indiana. 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: Walter S. Chidester. EXHIBIT A A PETITION TO VACATE A DEDICATED ROADWAY Comes now the owner of the real estate abutting a dedicated roadway more particularly described herein and, pursuant to Indiana Code § 36-7-3-12, petition for vacation of said dedicated roadway. The dedicated roadway to be vacated is outlined in red on attached Exhibit B and is described as follows, to wit: Situated in the Southeast Quarter, Section 31, Township 14 North, Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, being part of Northwest 7tn Street, as described and dedicated in Plat Book 15, Page 13, as recorded in the Wayne County Recorder's Office, being more particularly described as follows: Commencing at an iron rod found with metal cap stamped Kramer -Eaton -Richmond at the northwest corner of A. W. Gregg's Subdivision of Pleasant Hill Addition, as recorded in Plat Book 5, Page 30; thence North 89'53'23" West (bearings are based upon the east line of the Southwest Quarter being assumed as North 00'00'00" East) 50.00 feet along the south line of Vacated Northwest E Street per Special Committee of Council Action as Board of Public Works City of Richmond Declaratory Resolution No. 250-1934, to an iron rod found with metal cap stamped Kramer -Eaton -Richmond; thence North 00' 17' 12" West 83.00 feet along the west right-of-way of Northwest 7tn Street, to an iron rod set at the POINT OF BEGINNING for the Vacation of Northwest 7tn Street; thence North 00' 17' 12" West 261.96 feet along the west right-of-way of Northwest 7tn Street, to an iron rod found with metal cap stamped Kramer -Eaton -Richmond, on the south right-of-way of the Penn - Central Railroad; thence South 89'56' 15" East 50.00 feet along the right-of-way of said railroad, to the east right-of-way of Northwest 7tn Street; thence South 00' 17' 12" East 261.96 feet along the east right-of-way of Northwest 7tn Street, to an iron rod set; thence North 89'56' 15" West 50.00 feet, to the point of beginning, containing 0.301 acres, more or less, being subject to all legal easements of record. The undersigned believes the above property should be vacated for the following reasons: (a) There has been no interest shown in making this roadway a public street for approximately the past 40 years. (b) There is no demonstrated current interest in making this roadway a public street. (c) The undersigned believes that vacation will not hinder the growth or orderly development of the City. (d) The undersigned believes that vacation will not hinder the public's access to any church or public place. (e) The undersigned believes that vacation will not hinder the use or future growth of developed public ways. The owner of land that abuts the dedicated roadway to be vacated is as follows: (a) Manville Building Materials Corp., c/o Ryan & Company, 13155 Noel Road, LB 71, Dallas, TX 75240-5090. Wherefore, the undersigned owner requests that the City of Richmond Common Council adopt an ordinance vacating said public place. Executed this day of , 2011. Manville Building Materials Corp. c/o Ryan & Company By: Printed: Capacity: SEWER EASEMENT City of Richmond Situated in the Southeast Quarter, Section 31, Township 14 North, Range 1 West, City of Richmond, Wayne Township, Wayne County, Indiana, being part of Northwest 7tn Street, as described and dedicated in Plat Book 15, Page 13, as recorded in the Wayne County Recorder's Office, being a sewer easement, being more particularly described as follows: Commencing at an iron rod found with metal cap stamped Kramer -Eaton -Richmond at the northwest corner of A. W. Gregg's Subdivision of Pleasant Hill Addition, as recorded in Plat Book 5, Page 30; thence North 89'53'23" West (bearings are based upon the east line of the Southwest Quarter being assumed as North 00'00'00" East) 50.00 feet along the south line of Vacated Northwest E Street per Special Committee of Council Action as Board of Public Works City of Richmond Declaratory Resolution No. 250-1934, to an iron rod found with metal cap stamped Kramer -Eaton -Richmond; thence North 00' 17' 12" West 83.00 feet along the west right-of-way of Northwest 7th Street, to an iron rod set at the POINT OF BEGINNING for the easement herein described; thence North 00' 17' 12" West 261.96 feet along the west right-of-way of Northwest 7th Street, to an iron rod found with metal cap stamped Kramer -Eaton -Richmond, on the south right-of-way of the Penn - Central Railroad; thence South 89'56' 15" East 50.00 feet along the right-of-way of said railroad, to the east right-of-way of Northwest 7th Street; thence South 00' 17' 12" East 261.96 feet along the east right-of-way of Northwest 7th Street, to an iron rod set; thence North 89'56' 15" West 50.00 feet, to the point of beginning, being the end of the easement herein described.