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HomeMy WebLinkAbout2009-R-10RESOLUTION OF THE JEFFERSONVILLE CITY COUNCIL 2009-R- VACATING INTERESTS IN ALLEY WAYS IN BLOCK 118, JEFFERSONVILLE WHEREAS, the Schuler Estate (hereinafter "Estate") has requested the City of Jeffersonville, Indiana City Council (hereinafter "City Council") to adopt a Resolution Vacating Interests in Alley Ways in Block 118, Jeffersonville (hereinafter "Resolution"). WHEREAS, the Estate is the entity owning the adjacent. properties to the alley ways subject to this resolution and said alley ways meets and bounds description is contained in Exhibit A and which is rendered by drawing in Exhibit B. WHEREAS, the alley ways subject to this resolution divide the multiple parcels, and it is the Estate's purpose to bring the several parcels together into one single deed. WHEREAS, the legal vacation and abandonment of the City of Jeffersonville's interest in and to the alley ways as described herein will aid in providing clear title to new owners one contiguous parcel, without exception for the rights of the public in and to prior alleys. WHEREAS, the vacation of rights will facilitate the planning and improvement for future development activities ,and will also remove any questions concerning Jeffersonville's responsibility for maintenance. NOW THEREFORE, BE IT ORDAINED ,that the City Council hereby vacates the right, title and interest of the City of Jeffersonville, Indiana in and to the alley ways in Block 118, Jeffersonville as specifically described in Exhibit A and rendered in Exhibit B herein. So Resolved this day of 2009 Severability Clause: Should any section, paragraph, sentence, clause or phrase of this resolution, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this resolution be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this resolution or its application to other persons or circumstances. This resolution shall be in full force and effect from and after its passage and Voted against: Passed this ~_ day of ~V ~ , 2009 attested: Thomas Galligan, M yo Peggy Wilder, Clerk-Treasurer Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of the City of Jeffersonville, Indiana on this ~ day of ~ , 2009. ~~~~~ Peg i er, Clerk-Treasurer Exhibit "A" Situate in the State of Indiana, County of Clark, Utica Township, being a part of the Illinois land Grants No. Thirty-Eight (38), Fifty-One (51) and Fifty-Two (52), the boundary of which being more particularly described as follows: Commencing at a 5/8" Rebar found marking the South corner of grant Number 52; thence with the Grant line dividing Survey Grants No. 38 and 52, North 55°01'07" East, 570.80 feet to a 5/8" Rebar found in the South right-of--way line of Salem-Noble Road and the POINT OF BEGINNING; thence leaving the grant line and with the south right-of--way line of Salem-Noble Road, South 67°04' 13" East, 471.73 feet to a 5/8" Rebar found in the westerly right-of--way line of Third Street; thence leaving the north right-of--way line of Salem Noble Road and with the westerly right-of--way line of Third Street the following two (2) courses, south 40°55'05" West, 617.46 feet to a 5/8" Rebar found; thence South 38°51'10" West, 252.91 feet to a 5/8" Rebar found in the northerly right-of- way line of a road; thence leaving the westerly right-of--way line of Third Street and with the northerly right-of--way line of a road the following two (2) calls, North 67°04' 13" West, 732.39 feet to a 5/8" Rebar set in the grant line dividing Grants 38 and 51; thence continuing North 67°04' 13" West, 594.11 feet to a 5/8" Rebar set in the easterly line of Patrol Road; thence with the easterly line of Patrol Road North 22°54'47" East, 830.48 feet to a 5/8" Rebar found in the southerly right-of--way line of Salem-Noble Road; thence with the southerly right-of--way line of Salem-Noble Road, South 67°04' 13" East, 1115.09 feet to the POINT OF BEGINNING, passing through a 5/8" Rebar found in the grant line dividing Grants 51 and 52 at 14.04 feet. Containing 27.707 acres, more or less. Being a part of the same property conveyed from the United States of America to River Ridge Development Authority, by Quitclaim Deed dated May 31, 2005, recorded as Instrument 200513078 (Dl), in the office of the Recorder of Clark County, Indiana. Drawing appears below: END EXHBIT "A"