CITY OF WARWICK
ORDINANCE NO. 0-13-20
APPROVED SCOTT AVEDISIAN
November 24, 2013 MAYOR
ORDER ON THE ABANDONMENT OF A PORTION OF WEBB AVENUE
BRIAN NADEAU AND
JULIA NADEAU, PETITIONERS
In the matter of the abandonment of a portion of Webb Avenue described below, it appearing that due notice by advertisement and as described below, has been made in accordance with the provisions of Chapter 6, 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 Webb Avenue 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
1. That the portion of Webb Avenue herein described be abandoned for the reason that said premises have ceased to be useful to the public as a highway or driftway.
That certain parcel or tract of land, together with all buildings and improvements thereon, situated on the southeasterly line of Webb Ave., in the City of Warwick, County of Kent, State of Rhode Island, bounded and described as follows:
Beginning at a point on the southeasterly line of Webb Ave. (27.47) feet southwesterly from the easterly corner of land now or formerly of Carlos A. Neves and the northerly corner of land now or formerly of Brian Nadeau etux;
Thence: Running northwesterly at an angle to the right of 270°00’00" against said southeasterly line of Webb Ave. (4 50) feet;
Thence: Turning an angle to the right of 90°00’00" and running southwesterly (17.50) feet;
Thence: Turning an angle to the right of 90°00’00" and running southeasterly (4.50) feet to a point (80.00) feet northeasterly from the northerly corner of land now or formerly of David J. Alba and the easterly corner of land now or formerly of Brian Nadeau etux;
Thence: Turning an angle to the right of 90°00’00" and running northwesterly (17.50) feet to the point and place of beginning and forming an angle to the right of 90°00’00" with the first course and containing by computation (79) square feet of land.
Meaning and intending to describe that portion of land labeled “PROPOSED STREET ABANDONMENT” on that plan entitled:
“Warwick, RI Proposed Road Abandonment Plan Prepared For Brian Nadeau Etux Class 1 Survey Of Ap 335 Lot 295 Webb Avenue Zone A-7 April 2, 2013 By Marsh & Long Surveying, Inc. 450 Geo. Wash Hwy Smithfield, RI (401) 231-0900 “
2. That it is the judgment of the City Council of Warwick that no owner of land abutting on that portion of Webb Avenue 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 Webb Avenue 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 Webb Avenue 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 only that portion of the abandoned roadway on which no structure is located for the purpose of constructing, installing, repairing and replacing of utilities, sewers, drains and for any other purposes. No reservation of easement is made for the portion of the abandoned roadway on which the house is located. Petitioner shall prepare and record an administrative subdivision that conforms to the standards of the City’s Plan Review Regulations.
7. 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 $0.00 to the City of Warwick.
Entered as an Order of the City Council this 16th day of October, 2013.
COMMITTEE: LAND USE
12/3, 12/10, 12/17/13