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HomeMy WebLinkAbout2003-OR-16ORDINANCE NO. 2003-OR-16 BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, iNDIANA ORDINANCE GRANTING PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE Comes now the City of Jeffersonville (the "City"), having heretofore filed its Petition to Vacate a Portion of a Public Way in the City of Jeffersonville, which Petition. is attached hereto as Exhibit A, and incorporated herein by reference. In support of this petition, the City states as follows: 1. The best use of the alley would be to allow it to be vacated. 2. The vacation of the alley as described herein would not injure the public health, safety, or morals of the community. 3. It would be in the best interest of the adjoining property owners and the City to grant the petition set forth above. WHEREFORE, the Council having examined and heard evidence on said petition and being duly advised in the premises, now finds that said petition should be GRANTED. NOW THEREFORE, IT IS HEREBY ORDAINED, by the Common Council of the City of Jeffcrsonville, pursuant to the provisions of I.C. 36-7-3-12, that the public right of way located in the City of Jeffersonville, Clark County, Indiana, as legally described on Exhibit "A'' attached hereto and incorporated herein by reference is hereby vacated; and IT IS HEREBY FURTHER ORDAINED that the Clerk-Treasurer is hereby instructed to record a copy of this Ordinance in the office of the Clark County Recorder and deliver a copy of this Ordinance to the Clark County Auditor. This Ordinance shall be in full force and effect from and after its adoption and approval. Adopted this __ day of ~f~/~, 2003. ~ "~Tltomas R. Galligan Presiding Officer ATTEST: Cl~rk-Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this ~3 day of~ar~ 2003 at lo o'clock o~.m. ee~gy-W~l~r Clerk-Treasurer · This Ordinance approved and signed by me this ~ day of ~M~12003 at }. O 0 o'clock ~_.m. Jacobi, Toornbs and Lanz, inc. Consulting Engineers 120 Bell Avenue Ciarksville, Indiana 47129 812 288-6646 FAX: 812 288-6656 DESCRIPTION OF AN ALLEY TO BE VACATED IN BLOCK 118 IN THE CITY OF JEFFERSONVILLE That part of Block 118 in the Cit. y of Jeffersonville of Clark County, Indiana being further described as follows: Commencing at a point in the northwest right-of-way line of Tenth Street (formerly Ekin Avenue) which marks the southwest corner of Block 118. Thence leaving Tenth Street right-of-way along the northeast right-of-way of Locust Street 115.00 feet to the south line of a ten (10) foot alley, as described in Deed Record 123, Page 244, the True Point of Beginning. Thence continuing along said fight-of-way for 10 feet to the north line of said alley; Thence leaving said right-of-way and along the north line of said alley, 150 feet to the west line of a twenty (20) foot alley as shown in ihe enlargement to the City of Jeffersonville; Thence leaving the north line of the ten (10) foot alley, in a northwestern dire&ion along the west 'line of the'twenty (20) foot alley, 35 feet to the north corner of a tract conveyed to Nachand Beverage Company, Inc. at Deed Drawer 19, Instrument No. 6697; Th.e. nce leavi~ the west line of said twenty (20) foot alley, on an extension of the northwest property line of said Beverage Co., 20 feet to the east line of said twenty (20) foot alley; Thence in a southeasterly direction along the east line of said twenty (20) foot alley and an extension thereof, 45 feet to the easternmost corner of the ten (10) foot alley as described m Deed Record 123, Page 244; Thence in a southwestern direction along the south line of said ten (10) foot alley 170 feet to the True Point of Beginning. This tract of land contains 2,400 square feet, Which is Subject to all rights-of-way and easements of record. The aboVe-described 2,400 square foot tract being a portion of the 20 foot wide alley as shown on the enlargement to the City Of Jeffersonville and all of the lands conveyed to the City of Jeffersonville as set forth in Deed Record 123, Page 244 in the Office of the Recorder, Clark County, Indiana. BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF THE CITY OF JEFFERSONVILLE TO VACATE A PUBLIC RIGHT-OF-WAY IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA NOTICE OF HEARING ON PETITION TO VACATE TWO AI,I,EYS IN JEFFERSONVILLE~ INDIANA Notice is hereby given that the City of Jeffersonville has filed a Petition with the Jeffersonville City Council, Jeffersonville, Indiana asking for the vacation of part of a ten foot wide alley that is part of Block 118, commencing at a point in the northwest right-of- way line of Tenth Street (formerly Ekin Avenue) which marks the southwest comer of Block 118, in the City of Jeffersonville as shown in Deed Record 123, Page 244 in the Office of the Clark County Recorder, Clark County, Indiana. A public hearing will be held on March 17, 2003 at 7:30 p.m. in the multi-purpose hearing room on the third floor of the City-County Building at 501 E. Court Avenue, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said petition. Anne Marie Galligan City Attorney 4th Floor, City-County Building 501 E. Court Avenue Jeffersonville, IN 47130 (812) 285-6491 Jacobi, Toombs and Lanz, inc. Consulting Engineers 120 Beil Avenue Clarksville, ndiana 47129 812 288-6646 FAX: 812 288-6656 DESCRIPTION OF AN ALLEY TO BE VACATED IN BLOCK 118 IN THE CITY OF JEFFERSONVILLE That part of Block 118 in the City of Jeffersonville of Clark County, Indiana being further described as follows: Commencing at a point in the northwest right-of-way line of Tenth Street (formerly Ekin Avenue) which marks the southwest corner of Block 118. Thence leaving Tenth Street right-of-way along the northeast right-of-way of Locust Street 1 t5.00 feet to the south line of a ten (10) foot alley~ as described in Deed Record 123, Page 244, the True Point of Beginning. Thence continuing along said right-of-way for 10 feet to the north line of said alley; Thence leaving said right-of-way and along the north line of said alley, 150 feet to the west line of a twenty (20) foot alley as shown in the enlargement to the City of Jeffersonville; Thence. leaving the north line of the ten (10) foot alley, in a northwestern direction along the west line of the twenty (20) foot alley, 35 feet to the north corner of a tract conveyed to Nachand Beverage Company, Inc. at Deed Drawer 19, Instrument No. 6697; Thence leavin~ the west line of said twenty (20) foot alley, on an extension of the northwest · property line of said Beverage Co., 20 feet to the east line of said twenty (20) foot alley; Thence in a southeasterly direction along the east line of Said iWenty (20) foot alley and an extension thereof, 45 feet to the easternmost corner of the ten (10) foot alley as described in Deed Record 123, Page 244; Thence in a southwestern direction along the south line of said ten (10) foot alley 170 feet to the True Point of Beginning. This tract of land contains 2,400 square feet, which is subject to all rights-of-way and easements of record. The above-described 2,400 square foot tract being a portion of the 20 foot wide alley as shown on the enlargement to the City of Jeffersonville and all of the lands conveyed to the City of Jeffersonville as set forth in Deed Record 123, Page 244 in the Office of the Recorder, Clark County, Indiana. John H. Toombs, Jr. P.E. Jorge I. Lanz, P.E. co. ,Nc. D.R. 269, P. ". PARCEL ~ ~ ~ / (R) - RECORD DIST. ~ / ~ ' '" 50' Pt~r rom I JACOBI, TOOMBS & IANZ, INC. CITY OF JEFFERSONVILLE CONSULTING ENGINEERS ~ = 120 BELL AVENUE THAT pART OF A 20. ALLEY AND A O~ ALL[Y IN BLOCK m118 [ CLARKSVILLE, INDIANA 47129 IN THp' CITY OF jI;¢rERSON~LLI;. CLARK cOUNW. INDIANA : ] ' (812) 288'6646 BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE At the request of the owners of the property contiguous to the ten foot wide alley that is part of Block 118, in the City of Jeffersonville, Clark County, Indiana and being further described in Exhibit "A", the City of Jeffersonville (hereinafter "the City") respectfully petitions the Common Council of the City of Jeffersonville (hereinafter the "Council"), to vacate a public way which is described in this petition and is situated in the City of Jeffersonville, County of Clark, State of Indiana, (See Exhibits "A" and "B" attached hereto and made a part hereof). In support of this petition, the City states as follows: 1. The best use of the alley would be to allow it to be vacated. 2. The vacation of the alley as described herein would not injure the public health, safety, or morals of the community. 3. It would be in the best interest of the City of Jeffersonville and the adjoining landowners to grant the petition set forth above. WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12 that the Jeffersonville Common Council vacate a public way (alley) as described above and illustrated in Exhibits "A" and "B". City of Jeffersonville, Indiana By: Anne Made Galligan, City Attorney