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Home My WebLink About2012-OR-03 • STATE OF INDIANA BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE ORDINANCE NO. 2012-OR-3 AN ORDINANCE VACATING AN UNIMPROVED PORTION OF NINTH - STREET, A PUBLIC WAY L'V THE CITY OF JEFFERSONVILLE, INDIANA WHEREAS, petitioner, Geo. Pfau's Sons Company, Inc., an Indiana corporation (hereinfter the "Petitioner "), has Glad a petition for the vacation of an unimproved portion of Ninth Street, a public way in the City of Jeffersonville, Indiana, located adjacent to the properties of Petitioner and Louisville & Indiana Railroad Company, an Indiana corporation, respectively, pursuant to thc provisions of IND. CODE § 36- 7 -3 -12 and IND. CODE § 36- 7 -3 -16; and, • WHEREAS, the Petitioner has further caused a notice of public hearing on such petition before this Common Council of the City of Jeffersonville, Indiana (this "City Council ") to be properly published in accordance with Indiana law; and, WHEREAS, this City Council having held such public hearing at the date and time as stated in such published notice; and, WHEREAS, having heard all remonstrators and objectors at such public hearing, this City Council now fmds that the petition filed by the Petitioner should be granted by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by this Common Council of the City of Jeffersonville, Indiana, as follows: • • 1. This City Council, in accordance with the requirements of MNO. CODE §36- 7-3-13, hereby finds with respect to the Petitioner's petition all of the following: a. The proposed vacation will not hinder the growth or orderly development of the City of Jeffersonville or the neighborhood in which it is located or to which it is contiguous. b. The proposed vacation will not make access to the lands of any • aggrieved pa son by means of a public way difficult or inconvenient. c. The proposed vacation will not hinder the public's access to a church, school, or other public building or place. d. The proposed vacation will not hinder the use of a public way by the neighborhood in which the public way is located or to which it is contiguous. e. Upon information provided at hearing, no public utility • improvements presently exist within the portion of the public way for which vacation is proposed, and the proposed vacation will therefore not deprive any public utility of the use of all or part of the public way hereby vacated. 2. This City Council hereby grants the petition filed by the Petitioner, and further hereby vacates the following portion of Ninth Street, an unimproved public way, to -wit: Being a pan of Ninth Street between Blocks 94 and 105 and pan of Ninth Street between Blocks 95 and 104, in the City of Jeffersonville, Clark County, Indiana and being 'turner described as follows: Beginning at a drill hole in concrete on the westernmost corner of said Block 94; Thence N. 31° 21' W., along the northeastern Right -of -Way line of Wall Street, 60 feet to the southernmost comer of said Block 105; Thence N. 58° 31' 40" E., along the northwestern right -of -way line of said • 2 • Ninth Street, 535.93 feet to a steel pin; Thence S. 31° 27' 30" E., 30 feet to a steel pin on the centerline of said Ninth Street; Thence N. 58° 31' 40" E., along said centerline, 10.1 feet; Thence S. 83° 34' 16" E., 48.84 feet to a point on the southeastern Right -of -Way of said Ninth Street; 'thence S. 58° 31' 40" W., along said Right -of -Way line, 584.69 feet to THE PLACE OF BEGINNING. Containing 0.76 acre and being subject to all easements of record. The area of the public way vacated by this Ordinance is more particularly shown in the cross - hatched area of' the surveyor's drawing prepared by Blankenbeker & Son Land Surveyors, Inc., attached hereto and incorporated herdn as Exhibit "A ". 3. Subsequent to the vacation effected by this Ordinance, petitioner, Geo. Pfau's Sons Company, Inc., an Indiana corporation, and Louisville & Indiana Railroad Company, an Indiana corporation will each be the owner of the one -half of the area • hereby vacated that is closest to their adjoining properties. 4. Pursuant to the provisions of IND. CODE § 36- 7 -3 -16, this Ordinance shall not deprive any public utility of the use of all or part of the public way hereby vacated, if, at the time the vacation proceedings were instituted, the utility was occupying and using all or part of the public way for the location and operation of its facilities. 5. This Ordinance shall be in full force and effect as of the date of its final passage and adoption by this City Council. The Petitioner shall be required to record a certified copy of this Ordinance at its expense. (The remainder of this page intentionally left blank Signature pages follow. f • 3 • This Ordinance promulgated and adopted this 6, day of February, 2012. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA By: L 1 . Ed Zastawny, Presi . • • Attested by: .. Veronica Conan, City Clerk CERTIFICATE OF PRESENTATION TO THE MAYOR 1 hereby certify that following its adoption by the Common Council of the City of • Jeffersonville, Indiana, the foregoing Ordinance was presented by me, as the duly elected and serving Cleric of the City of Jeffersonville, Indiana, to the Mayor of said City of Jeffersonvileonthis 7 day of February, 2012. LI: a Veronica Conin, City Clerk APPROVAL BY THE MAYOR The foregoing Ordinance is approved and signed by me, as the duly elected and serving Mayor of the City ofJe ersonville, Indiana, this i 1 day of February, 2012. MICHAEL . MOORE, Mayo • 4 WALL min? 60'& 1' x JIT'. is 4 1 I 1 1 1 1 6 1 I 1 I 1 1 Ph 1 r3J IF 04 tl , 7A 1 . , 1 • 1 1. , t 1 g Pcr ED f 1 1 1 1 i � JP i 1 j 1 1 1 4 YM PO MI4 / Wd \ & L I � I I f I I I I 1 \\ i I I 1 I I \ x I N 1 •• I N I N 1\ firtili \\ _ __ j ?!!!!1 I I I f \ i 1 \ I \ i Mel le et in F'.RW SV1ry Nye I _S4._ \ a 1 I I 1 1 ! \ 1• 1• 1• 1• 1 N ii 1 ! 1 ! j I 1 1 1 1,..t... . I I I 1 1 ,,;; m -- i P,' p.; y Iti, 1 1 1 1 ' , 5 6 - >_- ; f ' N I I 1 N I n T a! I I I 1 1 ' -1 1 1 I 1 ', .' a -1 1 1 1 _; %4 • 1 o o WALNUT STRBBT 60' R/w E -1 i to §� pi t a G 1 4 1 1 i 8 % 7 K 0 § ' l co z 1 $ % 1 Q iy I :4 �• ft .() • I O U �'J 8 M d. IX S 1 1 g ; 10 3 i =1T PDF created with paIFactory trial version www.eefactorv.com