Legal Notice

Posted

LEGAL NOTICE

CITY OF WARWICK

ORDINANCE NO. O-16-11

APPROVED SCOTT AVEDISIAN

May 16, 2016 MAYOR

ORDER ON THE ABANDONMENT OF A PORTION OF

HALLENE ROAD

MARLEY REALTY, LLC, PETITIONERS

In the matter of the abandonment of a portion of Hallene Road described on Exhibit A attached hereto, it appearing that due notice by advertisement and as described below, has been made in accordance with the provisions of Chapter 6 of Title 24, General Laws 1956 and all amendments and additions thereto, and after giving opportunity to the owners of land abutting upon the hereinafter described portion of Hallene Road to speak for or against such abandonment and as to the damage, if any, they shall sustain thereby, and after due consideration thereof, it is hereby

ORDERED

1. That the portion of Hallene Road described on Exhibit A attached hereto be abandoned for the reason that said premises have ceased to be useful to the public as a highway or driftway. All rights of the City in the aforementioned portion of Hallene Road are abandoned to the abutting property owned by Marley Realty, Inc.

2. That it is the judgment of the City Council of Warwick that no owner of land abutting on that portion of Hallene Road has suffered any damage because of such abandonment, and for this reason the City Council awards no compensation to said abutting owners.

3. That signs shall be placed at each end of that portion of Hallene Road having thereon the words “NOT A PUBLIC HIGHWAY”.

4. That notice of this order shall be advertised in a newspaper of general circulation, printed in English, and further that personal notice of same shall be served upon every owner of land abutting upon that portion of Hallene Road as herein described who is known to reside in this State.

5. That the City Clerk be and she is hereby authorized and directed to cause notice to be given in accordance with the provisions hereof, and the Highway Department is hereby authorized and directed to erect and place signs referred to herein.

6. The City of Warwick hereby reserves for itself, its successors and assigns, a perpetual easement over and under the abandoned portions of Hallene Road for the purpose of constructing, installing, repairing and replacing of utilities, sewers, drains and for any other purposes.

7. Petitioner shall prepare and record an administrative subdivision that conforms to the standards set forth in the City’s Plan Review Regulations for City Assessor’s Plat 311, Lot 251 and Assessor’s Plat 321, Lot 001. The Plan must be recorded prior to Final Approval by the City Planning Board. The proposed improvements shall require all applicable local and state permits.

8. Pursuant to R.I.G.L. 24-6-1 and Sec. 1-13 of the Code of Ordinances, an appraisal of the fair market value of the abandoned roadway was conducted and based upon that appraisal the Petitioner shall pay $3,700.00 to the City of Warwick. The City has the option to have its own appraisal conducted at its expense prior to final passage of this Order of Abandonment. Petitioner agrees to pay any difference in fair market value in excess of the amount in the first appraisal.

Entered as an Order of the City Council this 16th day of May, 2016.

SPONSORED BY:

COUNCILWOMAN VELLA-WILKINSON

COMMITTEE: LAND USE

Attest:

Judy Wild, City Clerk

5/19, 5/26, 6/2/16

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