HomeMy WebLinkAbout2003-OR-03ORDINANCE NO. 2003-OR-3
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE
WHEREAS, onthe ~ dayof ~C~0~ , 2003, GeoE. Pfau's Sons Co., Inc. filed
its Petition to Vacate Public Ways in the City of Jeffersonville, which public ways are described in
Exhibit "A", attached hereto and incorporated herein by reference (the "Alleys"), with the
Jeffersonville Common council (the "Council"), which petition reads as follows: Here insert
PETITION TO VACATE PUBLIC WAY IN TIlE CITY OF JEFFERSONVILLE; and
WHEREAS, notice ofapublic hearing on Geo E. Pfau's Sons Co., Inc. 's Petitionto Vacate
the Alley was published in the Evening News on ~ day of ~",J~ ,2003. (See
Publisher's Affidavit attached hereto as Exhibit "B"); and
WHEREAS, there were no abutang property owners other than Geo E. Pfau s Sons Co., In .
so notice of a public heahng on Geo E. Pfau's Sons Co., Inc. 's Petition to Vacate mailed by
certified mail to each owner of land that abuts the Alley was not necessary; and
WHEREAS, on the &"~ day of February, 2003, the Council held a public hearing on Geo
E. Pfan's Sons Co., Inc. 's Petition and made the following findings:
1. The best use of the alleys would be to vacate them.
The vacation of the alleys as described herein would not injure the public health,
safety, welfare or morals of the community.
It would be in the best interest of the City of Jeffersonville to grant Geo E. Pfau's
Sons Co., Inc. '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 ~vays described in Exhibit "A" attached hereto and incorporated herein by
reference are 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 tkis Ordinance to the
Clark County Auditor.
This Ordinance shall be in full force and effect fi:om and after its passage and approval.
Passed th/s
day of February, 2003.
Presiding Officer
Attest:
Peggy ~i~r '
Clerk-Treasurer
Presented by me as Clerk-Treas~er to the Mayor of~e City of Jeffersonville, Mdi~a t~s
~¢ day of Febm~, 2003 at ~ o'clock ~ .m.
Cl~k-Tre~er
~is Ordinate approved ~d si~ed by me this ~ d~ of ~r~D', 2003 at
~ho~as R. Gallig~, ~a~
EXHIBIT A
Alley No 1 (Block
Being a 20 foot wide alley in Block 77 in the city of Jeffersonville, Clark County,
Indiana and being farther described as follows:
Beginning at an iron pipe on the south comer of Block 78; Thence N. 58°44'30"E.,
along the northwestern Right-of-Way line of Seventh Street, 586.4 feet to the east
comer of Lot 1 in said Block 77, THE TRUE PLACE OF BEGINNING; Thence
N.31°W., along the southwest Right-of-Way line of said alley 479 feet to the north
comer of Lot 10 in said Block 77, being on the southeast Right-of-Way line of
East Eighth Street; Thence N.58°44'30"E., along said southeast Right-of-Way line,
20 feet to the west comer of Lot 11 of said Block 77; Thence S.3 i°E., along the
northeast Right-of-Way line of said alley, 479 feet to the south comer of Lot 20 in
said Block 77; Thence S.58°44'30" W., along the northwest Right-of-Way line of
said Seventh Street, 20 feet to THE TRUE PLACE OF BEGINNING. Containing
9580 square feet, and being subject to all easements of record.
Alley No. 2 (Block 78)
Being a 20 foot wide alley in Block 78 in the City of Jeffersonville, Clark County,
Indiana and being further described as follows:
Beginning at an iron pipe on the south comer of said Block 78; Thence N.
58o44'30" E., along the northwestern Right-of-Way line of Seventh Street, 168.55
feet to the east comer of Lot 1 in said Block 78, THE TRUE PLACE OF
BEGINNING: Thence N.31°W., along the southwest Right-of-Way hne of said
alley, 479 feet to the north comer of Lot 10 in said Block 78 being on the
southeast Right-of-Way line of East Eighth Street; Thence N.58°44'30"E., along
said southeast Right-of-Way line, 20 feet to the west comer of Lot 11 in said
Block 78; Thence S.31°E., along the northeast Right-of-Way hne of said alley,
479 feet to the south comer of Lot 20 in said Block 78; Thence S. 58o44'30" W.,
along the northwest Right-of-Way line of said Seventh Street, 20 feet to THE
TRUE PLACE OF BEGINNING. Containing 9580 square feet, and being subject
to all easements of record.
Proof
Of
Publication
UNCIL OF THE CITY
OF JEFFER$ONVILLE,
INDIANA
; IN THE MATTER OF THE
PETITrON OF GNa E.
PFAU'S SOf~$ "C:O., INC
TO VACATE PUBLIC WA~;I
IN JEFFERSONv LLE,
INDIANA
NOTICE OF HEARING oN
PETITION TO VACATE
PUBLIC WAy IN
J E FFER~I'ClI'!~E~ :I
INDIANA
is hereby given that
Geo E. Pfau's SOnS CO.,
Inc. has filed a Petl [o[~ wfth ~
the d~ffer~onville City
council asking for th~
No. 1 (Block
!Coa~ty, indiana and being
further described ' as
comer of Block 78i Thence
said Block 77~ Th~hc~ S
58°44'30~ ~V., along th~.i
~: ?580 square
and being subject t0 '
all easements of record.
Alley No. 2 (Block 78)[
Be!ng a 20-foot:wide alley
Publication
Fee $ qC, '7
o ~ S oo~ ~
STATE OF INI)'IANA,
COUNTY OF CLARK - SS
2-003
(,)~ ()ath says that she is
bookkeeper of 'I'l~c: I~ve~ ~i~ ~F, News and in the
employ of the puhlislmr
News, a daily
newspaper of ~:,~',wral circt~l,~lion printed and
published in Ihc,~ ity ~1 I,,flcrst,lville, Clark CoUnty,
State ot: lnclia~a, a~l t't~rtlwr ~4.y's that the annexed
advertisement wasptl~ ~4~tttl ii, said paper for
8 ( [ ) time ~ t,~-wit: In issue of said Evening News
dated: ~ 4 b~ ~ ~. ~.'~ ~ 200~
STATI! (.)F INDIANA
C('HJN'I'Y (;)1: CI,ARI(
BEFORE THE COMMON COUNCH-,
OF THE CITY OF JEFFERSONVILLE, INDIANA
IN TltrE MATTER OF TI:rE PETITION OF
GEO E. PFAU'S SONS CO., INC. TO VACATE
PUBLIC WAY IN JEFFERSONVILLE, INDIANA
PETITION TO VACATE PUBLIC WAY
Geo E. Pfau's Sons Co., Inc. (Petitioner), by and through it's Vice-President of
Administration, Anne C. Pfau, hereby petitions The Council of the City of Jeffersonville, Indiana, as
follows:
That the Petitioner is the fee simple owner of the real estate in the Citty of
leffersonville, Clark County, Indiana described as follows:
Tract 1 (Block 77):
BEGINNING at an iron pipe at the intersection of the north line of Seventh
Street and the west line of Walnut Street, said pipe being the tree point of
beginning;thence South 58 deg. 44' 30" West, along the north line of Seventh
Street, 358.60 feet to the east line of Locust Street (unimproved); thence
along the east line of Locust Street, North 31 deg. 00' 00" West, 479.00 feet
to an iron pipe in the south line of Eighth Street; thence along the south line
of Eighth Street, North 58 deg. 44' 30" East, 358.60 feet to an iron pipe in the
west line of Walnut Street; thence along the west line of Walnut Street south
31 deg. 00' 00" East, 479.00 feet to an iron pipe at the tree point ofbegi~ming;
excepted from this parcel is a 20 foot unimproved alley having an east line
located 169.30 feet west of and parallel to the west line of Walnut Street.
Tract 2 (Block 78):
BEGINNING at an iron pipe at the intersection of the north line of Seventh
Street and the east line of Wall Street, said iron pipe being the true point of
beginning; thence along the east l/ne of Wall Street, North 31 deg. 00' 00"
West, 479.00 feet to an iron pipe in the south line of Eight Street; thence
along the south line of Eighth Street North 58 deg. 44' 30" East 357.10 feet
to an iron pipe in the west line of Locust Street (unimproved); thence along
the west line of Locust Street (unimproved) South 31 deg. 00' 00" East
479.00 feet to a point in the north line of Seventh Street; thence aiong the
north tine of Seventh Street, South 58 deg. 44' 30" West, 357.10 feet to the
true point of beginning; excepted from this parcel is a 20 foot unimproved
alley having a west line located 168.70 feet east of and parallel to the east line
of Wall Street.
That a sixty (60) foot unimproved public way named Locust Street runs in
between Petitioner's two tracts of property in a generally Northeast direction
and running perpendicular to 7t~ Street and 8~ Street.
That the public way herein sought to be vacated is located in the Ci/y of
Jeffersonville, State of Indiana, and described as follows to-Mt:
Being all of Locust Street between Seventh and Eighth Streets in/he City of
Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at an iron pipe on the south corner of Block 78; Thence N. 58°44'30"E.,
along the northwestern Right-of-Way line of Sev~th Street, 357.1 feet to the east
corner of Lot 20 in said Block 78, THE TRUE PLACE OF BEGINNING:
Thence N.31°W., along the southwest Right-of-Way line of said Locust Street,
479 feet to the north corner of Lot 11 in said Block 78, being on the southeast
Right-of-Way line of Eighth Street; Thence N.58°44'30"E., along said southeast
Right-of-Way line, 60 feet to the west corner of Lot 10 in Block 77;
Thence S.31°E., alOng the nOrtheast Right-of-Way line of said Locust Street, 479
feet to the south corner of Lot 1 in said Block 77;
Thence S.58°44'30"W., along the northwest Right-of-Way line of said Seventh
Street, 60 feet to THE TRUE PLACE OF BEGINNING.
That to the knowledge of Petitioner, said public way has never been in use as a
public way since the Petitioner acquired title to the above described real estate in
October, 1977.
5. That the best use of the public way would be to allow it to be vacated.
That the vacation of the public way as described herein would not injure the
public health, safety, or morals of the community.
That it would be in the best interests of the City of Jeffersonville to ~ant the
petition set forth above.
That the Petitioner owns all land that abuts the property proposed to be vacated,
thereby notice by certified mail is not required to any other property owner.
WHEREAS, the undersigned hereby request that the Council of the City of Jeffersonville,
Indiana hold a hearing on this petition within thirty days after this petition is filed and that due notice
of the t/me and place of the hearing be given in accordance with I.C. 36-7-3-12 and specificall, y in
the manner prescribed in I.C. 5-3-1 and that after such hearing that the Council of the City of
Jeffersonville, Indiana vacate the public way described in this petition.
This ) day of January, 2003.
George Pfau's Sons Co., Inc.
Anne C. Pfau, Vice-President Administration
THIS DOCUMENT PREPARED BY:
Ernest W. Smith, I.D. #10700-10
Rachele L. Cummins, I. D. #22323-~-9
Smith, Bartlett, Heeke, Carpenter,
Thompson & Fondrisi, LLC
209 E. Chestnut Street
P. O. Box 98
Jeffersonville, IN 47131-0098
Telephone: 282-7736