HomeMy WebLinkAbout2003-OR-17ORDINANCE NO. 2003-OR-17
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE
WHEREAS, on February 24, 2003, the City of Jeffersonville, on behalf of the
Jeffersonville Parks and Recreation Department, (the "City") filed its Petition to Vacate a
Portion of a Public Way in the City of Jeffersonville, which public way is described in
Exhibits "A" and "B", attached hereto and incorporated heroin by reference (the "Alley"),
with the Jeffersonville Common Council (the "Council"), which petition reads as follows:
Here insert PETITION TO VACATE A PUBLIC WAY IN THE CITY OF
JEFFERSONVILLE; and
WHEREAS, notice of a public hearing on the City's Petition to Vacate the Alley was
published in the Evening News on February 28, 2003; and
WHEREAS, notice of a public hearing on the City's Petition to Vacate was mailed
by certified mail to each owner of land that abuts the Alley; and
WHEREAS, on March 17, 2003 the Council held a public hearing on the City's
Petition and made the following findings:
1. The best use of the alley would be to vacate it, as it is not needed or used for
ingress or egress for any purpose.
2. The vacation of the alley as described herein would not injure the public health,
safety, welfare or morals of the community.
3. It would be in the best interest of the City Council to grant the City's Petition to
Vacate the Alley.
NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions
of I.C. 36-7-3-12, that the public way described in Exhibits "A" and "B" attached hereto
and incorporated herein by reference is hereby vacated and 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
passage and approval.
Passed this
· day of~>~ 2003.
Presiding Officer
ATTEST:
Peg~y-W~c~' - -
Clerk-Treas~er
Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville,
Indiana this g day of M~ch 2003 at
lo o'clock ~m.
egg~
Clerk-Treasurer
This Ordinance approved and signed by me this q~t day of Mo2eh 2003 at
[I;Oo o'clock~__.m, f~-~\ ,
lg
EXHIBIT 'A'
DESCRIPTION OF A
TEN FOOT wIDE ALLE~
IN THE CITY OF JEFFERSONVILLE
That part of Block 'K' in the City of Jeffersonvilte in Clark County, Indiana being further
described as follows: '
Commencing at a point in the northeastern line of Pearl Street which marks the southwest corner
of said Block 'K';
Thence leaving Pearl Street right-of-way line, 59.80 feet along the northwestern right-of-way line
of Market Street to the southwestern corner of said ten (10) foot alley, the True Point of
Beginning.
Thence leaving said Market Street right-of-way line running northwesterly, 260.00 feet along the
southwestern line of said alley to the southeastern right-of-way line of Preservation Place
(formerly Court street);
Thence leaving said alley's southwestern line, running northeasterly 10.00 feet along the
southeastern right-of-way line of Preservation Place to the northeastern right-of-way line
of said alley; , .
Thence leaving the southeastern line of Preservation Place, r~nmng southeasterly 260.00 feet
· along, the northeastern right-of-way line of said alley to the northwestern right-of-way line
"" of Mal'ket Street;
Thence leaving said alley's northeastern line, running southwesterly 10.00 feet along the
northwestern right-of-way line of Market Street to the True Point of Beginning.
This tract of land contains 2,600 square feet, which is subject to all rights-of-way and easements
of record.
The above-described 2,600 square foot tract being a ten (10) foot wide alley 260 feet in length.
WILLIAMS
D.D. ,30, INST. 25258
-. PRESERVATION STATION
(formerly Court Street)
10.00'
P.O.C.
HARLESS
INSL
200119986
BYRD
D.D. 10,
INST. 15428
MELHISER
ENDRES
& TUCKER
CPA PROF
D.O. J~
INSL 1J8J2
SPROWLES
D.D. JO,
INST. 138J2
CHINN
D.D. 25,
INST. 11865
59.80' 10,00'
T.P.OJ
DEPARTMENT OF PARKS
AND RECREAUON OF THE
CITY OF JEFFER~ONV/LLE
D.D. ~ INST. 11788
ALLEY
TO BE VACATED
THIS DRAWING PREPARED
FROM PUBLIC RECORD.
DRAWING ['OR
MARKET STREET
0 50 100
CITY OF JEFFERSONVILLE ,
DRAWING BEING A PART OF BLOCK 'K' IN THE
CITY OF dEFFERSONVlLLE, CLARK COUNTY;, INDIANA
SCALE: 1' - 50' I DATr: 2-1,-03 I DRAWN:
CONSULTING ENGINEERS
cLARKs~.,.~20 BELL AVENUE
· INDIANA 47129
(812) 288-6846
I CHECKED: j.i.L I D,~. Ho.: 8708PV [ JOB No. 8708
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION
OF THE CITY OF JEFFERSONVILLE ON
BEHALF OF THE PARKS AND RECREATION
DEPARTMENT TO VACATE A PUBLIC
RIGHT-OF-WAY IN THE CITY OF
JEFFERSONVILLE, CLARK COUNTY, INDIANA
NOTICE OF HEARING ON PETITION TO VACATE
AN Al,l ~EY 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 "K" commencing at a point in the northeastern line of
Pearl Street on file in the Office of the Clark County Recorder, Clark County, Indiana.
A public heating 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 Made Galligan
City Attorney
4th Floor, City-County Building
501 E. Court Avenue
Jeffersonville, IN 47130
(812) 285-6491
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE, INDIANA
PETITION TO VACATE A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE
The City of Jeffersonville, on behalf of the Jeffersonville Parks and Recreation Department,
(the "City") owners of property contiguous to the ten foot wide alley commencing at a point in
the northeastern line of Pearl Street which marks the southwest comer of Block "K", in the City
of Jeffersonville and further described in Exhibit "B", attached hereto and made a part
hereof(the "Alley"), respectfully petition the Common Council of the City of Jeffersonville
(hereinafter the "City"), to vacate the Alley described in Exhibit "B".
In support of this petition, the City states as follows:
1. The names and addresses of all owners of land abutting the Alley are: Matthew and
Teresa Harless, 220 Pearl Street, Jeffersonville, IN; Wilma Phillips, 212 Pearl Street,
Jeffersonville, IN; William and Janet Byrd, 216 Pearl Street, Jeffersonville, IN; Robert and Brian
Chiun, 200 Pearl Street, Jeffersonville, IN: and Mark McCormick, 214 Pearl Street,
Jeffersonville, IN., Jeffersonville Department of Parks and Recreation.
2. The best use of the Alley would be to allow it to be vacated, as it is not needed or used
for ingress or egress for any purpose.
3. The vacation of the Alley as described herein would not injure the public health, safety,
or morals of the community.
4. It would be in the best interest of the City of Jeffersonville to grant the petition set forth
above.
WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12, that the City
of Jeffersonville vacate the Alley as described above and illustrated in Exhibits "A" and "B".
Anne Marie Galligan, City Attorney