HomeMy WebLinkAbout2006-OR-03
ORDINANCE NO. 2006-OR-3
This matter having come before thc Jeffersonville City Council on the petition of Wyandot, Inc.,
the owners of the adjacent property for the vacation of a portion of pennsylvania Avenue, more
specifically described as follows and~gtflighted in the survey a~ached hereto as ~:
Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town of
Claysburg as shown in Plat Book 4, Page 62~ now in the CiO/of Jeffersonville, Cla~k
County, Indiana, and being further described as follows:
Begimaing at a "Mag" nail on the northwest intersection of New Peacely Street and said
Penasylvania Avenue; Thence N- 14058, iff' W,, along the west li~e of said Avenue,
204.32 feet 1o a ~Mag" nail on the northwest intersection of said pennsylvania Avenue
and the north line of the original Peaeely Street (vacated); Thence S. 84°04'l l" E., along
fine north end of said PennSylvania Avenue, 32.33 feet to a drill hole in concrete on We
northeast comer of tiao end of said Avenue, being the west Right-of-Way line of the
former Conrail (and P.C.C. & St, L.) Railroad Spur Track; Thence along said west Right-
of-Way line, also berg the eas~ Right-of-Way line of said Pennsylvania Avenue, 192-9
feel along the arc of a 7609.5 fbot radius curve to the fight (concave westerly) being
sub~'ended by a chord beating S. 15°13'15" E., 192.9 feet to a steel pin; Thence S
75~ [4'10" W., 31.05 feet to TIIE TRUE PLACE OF BEGINNING,
Containing 6158 square feet and being subject to all easements of record.
And the City Council being fully adx4sed in the premises mhd having heard the comments of
counsel, it is hereby ORDAINED as follows:
1. That portion of Pennsylvania Avenue more par'deularly described above and outlined
in thc survey attached hereto as E~xhibit A is vacated.
2. Thc property shall be deemed to be zoned as surrounding
~'egg'Y W~t~'r~ Cle~-Treasurer
W~,~0:F/235:4,1756:1 :J£FFERSONVH-I-E
01/19/2006 09:~2 FAX __
~003
t_0f 22
LO¥ Zl
BZA,VK£~'BEKER & ZON'
PE[I'£ION FOR'rilE VACATION OF A crrY ROAD
1. wHEP~AS, Wyandot, fnc. ow~ a parcel of property located at 125 Pcaccly
Street, Jeffcrsonvil[e, Indiau~, and more speci~cally described below:
Being a part of Kirby's Addition as shova~ in Plat Book 3 page it5, part of the
Original Town of C]aysburg as shown in Plat Book 4 Page 52, and a part of
Surv~, #8, ali in the City of lef~'crson¥ille, Clark County, Indiana, and beIng
fulther described as follows:
Beginning at the north comer of said Survey #8, the west comer of Survey #9 and
in the linc of Survey #~9; Thence southeastwardly, along thc linc dividing
Surveys #8 and #9, 2377.5 feet, mom or less, to the ccnmrlinc of Hamburg Pike;
Thence S. 39°10'W-, along said centeslin¢, 282.74 feet to the eastern P. ight-of-
Way line of formerly thc Conrail railroad spur tract;
o , - along said P. ight-of-Wayline36.$3fccttoastcclpin,
F ] L E D Thence S. 16 02 50 E.,
THE TRUE PLACE O1~ BEGINNING.
JAN ! 0 200~
Tl~nce co~linuing $. 16°02'50''E-, (Basis of Bearinls), along said Right-of-Way
li~¢, 1,591.13 feet to a fence post! . , t asteel in'
' °51'25"E, alon sa~dRight-of-Waylme, 196.61 feet o, p ,
ence S. 36 ' g · i '
~0~'-(~n¢¢ S. ??°43' 11' W-, along sad Right-of-Way line, 70 feet to a steel p ri
Thence S. 16°02'50" E., alollg said Right-of-Way line, 57.3g feet to a chill hole;
Thence 193.93 feet along said Right-of-Way linc, being the ara of a curve to the
light, concave westerly (radius = 7669,5 f¢~t) having ' chord bearing and distance
ors. 15°13'19" E., I93.92 feet to a steel pin;
Thence S. 75°01'50" W., 60 feet to a steel pin in the western Right.of-Way line
of said railroad;
Thence 192.9 feet along said western Right-of-Way line, being the arc of a curve
to the left, concave westerly, (radius = 7609.5 feet) having a chord veering and
distance of N. 15° 13' 15" W., 192.9 feet to a railroad spike;
Thence lq. $4e04'll"~V., 32.33 feet to a steel pin on thc western Right-of-Way
line of Pennsylvauia Avenue;
Thence S. 14=5g' 10"E., along said Right-of-Way line, 204.32 f~et to a railroad
spike on the nolxhem Right-of-Way line of New Peacely Street;
ThenCe Iq. 83°52'33''W., along said Right-of-Way line 405.59 feet to a steel pin
on the western Right-of-Way line of Green Street;
Thence S. 6°l 2'44"W., along said Right-of-Way linc, 183.94 feet to a raikoacl
spike on the northeast comer of a iract of land described in Deed Drawer 10,
Instrument 4160 of said coUnty records;
Thence N. $4°Ig'43'uN., along the north line of said tract, 1 $3.53 feet to a steel
pin in the eastern Right-of-Way line oflqorth Locust place (formerly a 20 foot
wide alley);
Thence N. ?°42'19"E., along said Right-of-Way line 334.1 feet to a railroad
spike;
W3339'3437:44';~ ~FFFEI~ON¥1LL~
FAX
~004
Thence lq. 5°5a'06'~., 40 fo~ to a railroad spike on the no~thcm Right-of-Way
linc of Peaccly Street;
Ti~umc* lq. $4°05'54'W~'., along said Right-of-Way line, 68.03 feet to a st*el pin;
Tic*ace N. 8°45'12'' E., 301.26 fcct to a steel pine on the no~chem line of Lot 14
of said Kirby's Addition;
Tlxencc S. 71 o 53' 1 $"W., along said northern li~e, 22.15 feet to a steel pin;
Throe* S. 8~40'08"W., 60.42 feet to a st,el pin;
Thence N. 82'25'22"W., 131.46 feet to a steel pin on thc eastern Right-of-Way
line of Hamb~g Pike;
Thence N. 8°40'05"E-, along said Right-of-Way linc, 273.37 feet to ma iron pipe;
Th,ncc N. 72°47'59''E., 490.43 feet to an iron pipe on the western Right-of-Way
line or said former Conrail spur tract;
Thence N. 16°12'50''W., along said w,stera linc, 1007.06 feet to a steel pin on
tho southern Right-of-Way linc of said Hamburg Pike;
Th,nee N. _4 46 38 E., along said Right-of-Way linc 76.83 feet to a st,el pin;
Thence N. 39°10'E., along said Right-of-Way line, 11.89 feet to THE TRUE
PLACE OF BEGiNNiNG.
Containing 13.865 acres and being subject to all easements of record.
EXCEPTING THEREFROM: The 0.675 acre ~ract of land described in Deed
Drawer 10, rmstmment 829 of said comaty records.
Contai~ng after said exception 13.19 acres,
2. WHEREAS, thc property described below consists of a city easement
, . o * below and hi Ii ~ted in the survey
approximately ~0.5 feet wide by 200 feet long, described gh gl
attached hereto as Exhibit A;
3. WHEREAS, Wyandot, Inc. owns thc real estate on both the cast and west sides of
thc easement which is to be vacated and will be the recipient of the vacated real estate;
4. WHEREAS, the approximately.14 acres of real estate will, once vacated, bc
subject to taxation by the city;
5, WHEREAS, the vacat/on of thc easement would not injure the public health,
or n totals of the community'
safety ,
W~9:3,~7:4a':85:I ..JF.g~.RSONVILI~
6. WHEKEAS, the vacation of the easement would not m any mannm- block access
to any churcl~ school, or public facilily, and would not impede fl~e access of any property by
police, fmc, or emergency units.
7. WI4_.BF,.EAS, the best use of the property would be a continuation of its currmt
use by Wy:mdot, Inc.
Thc description of the property is as follows:
Being a part of Pennsylvarfia Avenue (fom~erly Ivest Street) in the Original Town
of Claysburg as shown in Plat Book 4, Page 62, now in ~e City of Jeffersou'~lle,
Clark Cotmty, Indiana, and being further described as follows:
Beginnlng at a "Mag" nail on the northwest intersection of New Peacely Street
and said pennsylvania Avenue; Th~ncc N. 14~55' 10" W., along the west line of
said Avenue, 204 32 feet to a"Mag" nail on the northwest intersection of said
· . . _~ .,A -^..~ ,,~e of the oricqnal Peaccly Street (vacated);
pennsylvania ^veuue ~mu mu ~,,~, -,,
Tbeuce $. g4°04' 11" B., aion~ tllc no~h ~ud of said pe,~,~ylvarfia Aven~le, 32.33
feet to a dmill Hole in concrete on the northeast comer of the end of said Avenue,
b~q~.~ thc west Ki,~at-of-ivay line of the foralcr Cormail (and ?,C.C. & St.
Kailroad Spur Track; Thence along said west Kight-of-ivay line, also b~ng
east Right-of-Way line of said pennsylvania Avenue, 192.9 feet along the arc of a
7609.~ foot ra~us curve to the right (concave wcstcrlY) bcing sabt~nd~l by
chord beadng S. I $~ 13' 15" B., 192.9 fe~t to a steel pin; Thence S 7~ol 4' 10" IV.,
31.05 feet to THB TKUB PLACB OF BB~~IRrlNG.
Coll.,raining 61 $8 sqm~re feet and being ~ubj~ct to all eascrneuts of record.
WHEREAS, it is in the best interest of J cffersonvillc to grant the petition set forth
above;
10. WHEKEAS, the names and addresses of the abutt'Mg propcrry owners are ~s
follows:
~12/2006 15:02 F.,~.
Wyandot, 1nc.
Key Nos. 021-42-0130, 021.42-0120, 021.42-
0320, 021-42-0350
City of Jef~:~rsonville
yeffersonv~lle~ IN 47130
Key No. 0Z0-23-0080
Scrvc:
Robert L. Waiz, ~fr. Mayor
CRy-Cottony Building
S01 East Court Avenue
loffcrsonville, iN 47130
and
Ron Grooms
President, .[effersonvillc City Council
3104 Autm~m Green Way
Jeffersonvfllc, IN 47130
Hughes Development, LLC
6200 E, Hwy. 62, #100
~'effersonville, IN 47130
Key No. 021-42-0140
United States of America
Person in Charge
Uxfi. tcd States Census Bureau
1201 Eas~ 10th Sweet
leffersonville, IN 47130
and
c/o United States Attorney General
5137 Robert F, Kennedy Btfilding
10' Street & Constitution Avenae NW
Washington, D.C. 20530
and
eYo Susan W. BxookS
United States A~tomey
10 West iv~arket Street, Suite 2100
Indianapolis, IN 4620~-304g
NOW, THEREFORE, it is requested, pursuant to the provisions set forth in I.e. § 36~7-3-
12, that the Jeffersonville City Council vacate the road described above and illustrated in Exhibit
A_ as l-2 Zoned property.
Dated this 10th day of January, 2006.
Allen L. Morris
STITES & HAP, BISON, PLLC
323 East Cour~ Avenue
Jeff~sonville, IN 47130
Telephone: (812) 2B2-7566
COUNSEL FOR WYAlqDOT, INC.
FA]:
LEGALNOTICE
TAKE NOTICE that on the 23rd day of January, 2006, at 7:30 p.m., the Jeffersonville City
Council will hold a hearing pursuant to the provisions of lC 36-7-3-l 2, concerning the approval
ora petition to vacate an easement as zoned I-2 Property abutting property owned by Wyandot,
Inc. This hearing ;vill be held in Room 308, located on the third floor of the administrative wing
of the City-County Building in leffersonville, Indiana. This petition has been filed by Wyandot,
The easement is approximately 30.5 feet wide by 200 feet long, located in city of Jeffersonville,
County of Clark, State of Indiana, and more specifically described as follows:
Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town
of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville,
Clark County, Indiana, and being further described as follows:
Beginning at a "Mag" nail on the northwest intersection of New Peacely Street
and said Pennsylvania Avenue; Thence N. 14°58' I0" W., along the west line of
said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said
Pennsylvania Avenue and the north line of the original Peacely Street (vacated);
Thence S. 84o04, 1 l" E., along the north end of said Pennsylvania Avenue, 32.33
feet to a drill hole in concrete on the northeast comer of the end of said Avenue,
being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.)
Railroad Spur Track; Thence along said west Right-of-Way line. also being the
east Right-of-Way line of said pennsylvania Avenue, 192.9 feet along the arc ora
7609.5 foot radius curve to the right (concave westerly) being subtended by a
chord bearing S. 15 o l 3'15" E., 192.9 feet to a steel pin; Thence S 75 ° 14't 0" W.,
31.05 feet to THE TRUE PLACE OF BEGINNING.
Containing 6158 square feet and being subject to all easements o f record.
All interested citizens are invited to come and comment upon the proposed vacation. If the
petition to vacate is approved, an Ordinance will be passed vacating said easement as zoned [-2
property.
Peggy Wilder, Clerk-Treasurer
City o f Jeffersonville
44594:1 :JEFFERSONVILLE
G3445:9118:37595:I :J EFFER$ONV I LLE
01/1~/~006 1~:01 FAX ~001
STI rES., HARBISON P=c
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If You Are Not The Addr.,eSsee Indicated Below: Do ~tot read the following pages
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OR M'ISDELIVERY SHALL CONSTITUTE WAIVER OF ANY APPLICABLE LEGAL PRIVILEGE
DATE: January 12, 2006
TO:
NAME:
Clcrk-Treasur,r - City of Jeffersonvitle
FAX NO.: PHONE NO.:
285-6426
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IF AI,L PAGES ARE NOT RECEW'ED, ARE ILLEGIBLE OR ARE RECEIVI~D IN ERROR,
PLEASE CALL S12-218-1711 AS SOON AS POSSIBLE
FROM: Allen L. Morals
C/M CODE: W3339/9238
TRANSMITTED BY: Deb Goodanan
DATE: JANUARY 12, 2006 TIME: .1;~9 P.M.
MESSAGE:
~oo~
Form for City Co~ln¢il Az~mh~
Spencer Harmon
Petition for Vacation of City Eoad on behalf of ~yandoc,
Phonc Nti1335er: 812-282-7566
you plait Io nltcad: .lanuary 23, 2006
Copy Ol'Rcsoltllkm or G'rtihlanoa or ,~ny oihor in fort n,'tl'ioa parlaiaing to
PETITION FOR THE VACATION OF A CITY ROAD
1. WHEREAS, Wyandot. [nc. owns a parcel of property located at 125 Peacely
Street, Seffersonville. Indiana, and more specifically described below:
Being a part of Kirby's Addition as shown in Plat Book 3 Page 45, part of the
Original Town of Claysburg as shown in Plat Book 4 Page 62, and a part of
Survey #8, alt in the City of Jeffersonville, Clark County, Indiana, and being
further described as follows:
Beginning at the north comer of said Survey #8, the west comer of Survey #9 and
in the line of Survey #19; Thence southeastwardly, along the line dividing
Su~eys #8 and #9, 2377.5 feet, more or less, to the centerline of Hamburg Pike;
Thence S. 39° 10'W., along said centerline, 282.74 feet to the eastern Right-of-
Way line of formerI~ the Conrail railroad spur tract;
Thence S. 16°02'50''E., along said Right-of-Way line 36.53 feet to a steel pin,
THE TRUE PLACE OF BEGINNING.
Thence continuing S. 16°02'50''E., (Basis of Bearings), along said Right-of-Way
line, 159[.13 feet to a fence post;
Thence S. 36°51'25''E-, along said Right-of-Way line, 196.6l feet to a steel pin;
Thence S. 77o43, 1 l" W., along said Right-of-Way line, 70 feet to a steel pin;
Thence S. 16o02'50" E., along said Right-of-Way line, 57.38 feet to a drill hole;
Thertce 193.93 feet along said Right-of-Way line, being the arc ora curve to the
right, concave westerly (radius = 7669.5 feet) having a chord bearing and distance
orS. 15°13'19" E., 193.92 feet to a steel pin;
Thence S. 75°01'50' W., 60 feet to a steel pin in the western Right-of-Way line
of said railroad;
Thence 192.9 feet along said western Right-of-Way line, being the arc ora curve
to the left, concave westerly, (radius = 7609.5 feet) having a chord veering and
distance of N. 15°13' 15" W., 192.9 feet to a railroad spike;
Thence N. 84o04' 11"W., 32.33 feet to a steel pin on the western Right-of-Way
line of Pennsylvania Avenue;
Thence S. 14°58' 10"E, along said Right-of-Way line, 204.32 feet to a railroad
spike on the northern Right-of-Way line of New Peacely Street;
Thence N. 83°52'33''W., along said Right-of-Way line 405.59 feet to a steel pin
on the western Right-of-Way line o f Green Street;
Thence S. 6°12'44''W., along said Right-of-Way line, 183.94 feet to a railroad
spike on the northeast comer of a tract of land described in Deed Drawer l 0,
Instrument 4160 of said county records;
Thence N. 84°18'43''W' along the north line of said tract, 183.53 feet to a steel
pin in the eastern Right-of-Way line of North Locust Place (fon¥terly a 20 foot
wide alley);
Thence N. 7042, 19"E., along said Right-of'-Way line 334. l feet to a railroad
spike;
W3339:3437:44555:1 :.IEFFERSON VILLE
Thence N. 5°54'06"E.. 40 feet to a railroad spike on the northern Right-of-Way
line of Peacely Street;
Thence N. 84°05'54"W-, along said Right-of-Way line. 68.03 feet to a steel pin;
Thence N. 8°45'12" E., 301.26 feet to a steel pine on the northern line of Lot 14
o f said Kirby's Addition;
Thence S. 7l°53, 18"W., along said northern line, 22. t5 feet to a steel pin;
Thence S. 8°40'08"W., 60.42 feet to a steel pin;
Thence N. 82°25'22"W., 131.46 feet to a steel pin on the easte~ Right-of-Way
line of Hamburg Pike;
Thence N. 8°40'08"E., along said Right-of-Way line, 273.37 feet to an iron pipe;
Thence N. 72°47'59"E., 490.43 feet to an iron pipe on the ~vestem Right-of-Way
line of said former Conrail spur tract;
Thence N. 16° [2'50"W., along said western line, 1007.06 feet to a steel pin on
the southern Right-of-Way line of said Hamburg Pike;
Thence N. 24°46'38"E., along said Right-of-Way line 76.83 feet to a steel pin;
Thence N. 39°10'E., along said Right-of-Way line, l 1.89 feet to THE TRUE
PLACE OF BEGINNING.
Containing 13.865 acres and being subject to all easements of record.
EXCEPTING THEREFROM: The 0.675 acre tract of land described in Deed
Drawer 10, Instrument 829 of said county records.
Containing after said exception 13.19 acres.
2. WHEREAS, the property described below consists of a city easement
approximately 30.5 feet Wide by 200 feet long, described below and highlighted in the survey
attached hereto as Exhibit A;
3. WHEREAS, Wyandot, Inc. owns the real estate on both the east and west sides of
the easement which is to be vacated and ~vill be the recipient of the xracated real estate;
4. WHEREAS, the approximately. 14 acres of real estate will, once Vac~tted, be
subject to taxation by the city;
5. WHEREAS, the vacation of the easement would not injure the public health,
safety, or morals of the community;
W3339:3437:44585:1 :JEFFERSONVIL. LE
6. WHEREAS, the vacation of the easement would not in any manner block access
to any church, sclxool, or public facility, and would not impede the access of any property by
police, fire, or emergency units.
7. WHEREAS, the best use of the property would be a continuation of its current
use by Wyandot, Inc.
8. The description of the property is as follows:
above;
Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town
of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville,
Clark County, indiana, and being further described as follows:
Beginning at a "Mag" nail on the northwest intersection of New Peacely Street
and said Pennsylvania Avenue; Thence N. 14058, 10" W., along the west tine of
said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said
Pennsylvania Avenue and the north line of the original Peacely Street (vacated);
Thence S. 84004, 1 l" E., along the north end of said Pennsylvania Avenue, 32.33
feet to a drill hole in concrete on the northeast comer of the end of said Avenue,
being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.)
Railroad Spur Track; Thence along said west Right-of-Way line, also being the
east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc ora
7609.5 foot radius curve to the right (concave westerly) being subtended by a
chord bearing S. l 5° 13' t 5" E., 192.9 ~'eet to a steel pin; Thence S 75° 14' 10" W.,
31.05 feet to THE TRUE PLACE OF BEGINNING.
Containing 6158 square feet and being subject to all easements of record.
WHEREAS, it is in the best interest of Jeffersonville to grant the petition set forth
10.
follo~vs:
WHEREAS, the names and addresses of the abutting property owners are as
W3339:3437:44585:1 :JEFFERSONVILLE
Wyandot, Inc.
Key Nos. 021-42-0130,021-42-0120,021-42-
0320,021-42-0350
City o f Jeffersonville
Jeffersonville, IN 47130
?
Key No. 0_0-2-~-0080
Serve:
Robert L. Waiz, Jr. Mayor
City-County Building
501 East Court Avenue
Jeffersonville, IN 47130
and
Ron Grooms
President, Jeffersonville City Council
3104 Autumn Green Way
Jeffersonville, IN 47130
Hughes Development, LLC
6200 E. Hwy. 62, #100
Jeffersonville, IN 47t30
Key No. 021-42-0140
United States of America
Serve:
Person in Charge
United States Census Bureau
1201 East 10th Street
Jeffersonville, IN 47130
and
c/o United States Attomey General
5137 Robert F. Kennedy Building
l0th Street & Constitution Avenue NW
Washington, D.C. 20530
and
c/o Susan W. Brooks
United States Attorney
10 West Market Street, Suite 2100
][ndianapolis, IN 46204-3048
NOW, THEREFORE, it is requested, pursuant to the provisions set forth in I.C. § 36-7-3-
12, that the Jeffersonville City Council vacat~ the road described above and illustrated in Exhibit
A as ][-2 Zoned property.
Dated this 10th day of January, 2006.
Allen L. Morris
STITES & HAP, BISON, PLLC
323 East Court Avenue
Jeffersonville, IN 47130
Telephone: (812) 282-7566
COUNSEL FOR WYANDOT, INC.
W3339:3137:44585:1 :JEFFERSONVILLE
LEGAL NOTICE
TAKE NOTICE that on the 23rd day of January, 2006, at 7:30 p.m., the Jeffersonville City
Council will hold a hearing pursuant to the provisions of lC 36-7-3-12, concerning the approval
ora petition to vacate an easement as zoned ][-2 property abutting property owned by Wyandot,
Inc. This hearing will be held in Room 308, located on the third floor of the administrative wing
of the City-County Building in Jeffersonville, Indiana. This petition has been filed by Wyandot,
Inc.
The easement is approximately 30.5 feet wide by 200 feet long, located in city of Jeffersonville,
County of Clark, State of Indiana, and more specifically described as follows:
Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town
of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville,
Clark County, Indiana, and being further described as follows:
Beginning at a "Mag" nail on the northwest intersection of New Peacely Street
and said Pennsylvania Avenue; Thence N. 14°58, 10" W., along the west line of
said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said
Pennsylvania Avenue and the north line of the original Peacely Street (vacated);
Thence S. 84004, 11" E., along the north end of said Pennsylvania Avenue, 32.33
feet to a dr[Il hole [n concrete on the northeast corner of the end of said Avenue,
being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.)
Railroad Spur Track; Thence along said west Right-of-Way line, also being the
east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc of a
7609.5 foot radius curve to the right (concave westerly) being subtended by a
chord bearing S. 15°13'15TM E., 192.9 feet to a steel pin; Thence S 75°14'10" W.,
31.05 feet to THE TRUE PLACE OF BEGINNING.
Containing 6 l 58 square feet and being subject to all easements of record.
All interested citizens are invited to come and comment upon the proposed vacation. If the
petition to vacate is approved, an Ordinance will be passed vacating said easement as zoned
property.
Peggy Wilder, Clerk-Treasurer
City of Jeffersonville
44594:1 :JEFFERSONV ILLE
G3445:9118:37595:1 :J EFFERSONVILLE ][
PETITION FOR THE VACATION OF A CITY ROAD
l. WHEREAS, Wyandot, Inc. owns a parcel of property located at 125 Peacely
Street, Jeffersonville, Indiana, and more specifically described below:
FILED,
JAN O 2006
Being a part of Kirby's Addition as shown in Plat Book 3 Page 45, part of the
Original Town of Claysburg as sho~vn in Plat Book 4 Page 62, and a part of
Survey #8, all in the City of Jeffersonville, Clark County, Indiana, and being
further described as follows:
Beginning at the north comer of said Survey #8, the west comer of Survey #9 and
in the line of Survey #19; Thence southeastwardly, along the line dividing
Surveys #8 and #9, 2377.5 feet, more or less, to the centerline of Hamburg Pike;
Thence S. 39°10'W., along said centerline, 282.74 feet to the eastern Right-of-
Way line of formerly the Conrail railroad spur tract;
Thence S. 16°02'50"E., along said Right-of-Way line 36.53 feet to a steel pin,
THE TRUE PLACE OF BEGINNING.
Thence continuing S. t 6002'50''E., (Basis of Bearings), along said Right-of-Way
line, 1591.13 feet to a fence post;
Thence S. 36°51'25"E., along said Right-of-Way line, 196.61 feet to a steel pin;
Thence S. 77°43, 1 I" W., along said Right-of-Way line, 70 feet to a steel pin;
Thence S. 16°02'50" E., along said Right-of-Way line, 57.38 feet to a drill hole;
Thence 193.93 feet along said Right-of-Way line, being the arc of a curve to the
right, concave westerly (radius = 7669.5 feet) having a chord bearing and distance
of S. 15°13' 19" E., 193.92 feet to a steel pin;
Thence S. 75°01'50" W., 60 feet to a steel pin in the western Right-of-Way line
of said railroad;
Thence 192.9 feet along said western Right-of-Way line, being the arc o fa curve
to the left, concave westerly, (radius = 7609.5 feet) having a chord veering and
distance of N. I5°13'15" W., 192.9 feet to a railroad spike;
Thence N. 84°04, 1 I"W., 32.33 feet to a steel pin on the western Right-of-Way
line of Pennsylvania Avenue;
Thence S. 14°58'10"E., along said Right-of-Way line, 204.32 feet to a railroad
spike on the northern Right-of-Way line of Ne~v Peacely Street;
Thence N. 83°52'33"W., along said Right-of-Way line 405.59 feet to a steel pin
on the western Right-of-Way line of Green Street;
Thence S. 6°12'44"W., along said Right-of-Way line, t83.94 feet to a railroad
spike on the northeast comer of a tract of land described in Deed Drawer 10,
Instrument 4160 o f said county records;
Thence N. 84°18'43"W., along the north line of said tract, 183.53 feet to a steel
pin in the eastern Right-of-Way line of North Locust Place (formerly a 20 foot
wide alley);
Thence N. 7°42'19"E., along said Right-of-Way line 334.1 feet to a railroad
spike;
W3339:3437:44585:1 :JEFFERSONVILLE
Thence N. 5°54'06'E., 40 feet to a railroad spike on the northern Right-of-Way
line of Peacely Street;
Thence N. 84°05'54"W., along said Right-of-Way line, 68.03 feet to a steel pin;
Thence N. 8°45, 12" E., 301.26 feet to a steel pine on the northern line of Lot 14
of said Kirby's Addition;
Thence S. 71°53'18"W., along said northem line, 22.15 feet to a steel pin;
Thence S. 8°40'08"W., 60.42 feet to a steel pin;
Thence N. 82°25'22"W., 131.46 feet to a steel pin on the eastern Right-of-Way
line of Hamburg Pike;
Thence N. 8°40'08"E., along said Right-of-Way line, 273.37 feet to an iron pipe;
Thence N. 72°47'59"E., 490.43 feet to an iron pipe on the xvestem Right-of-Way
line of said former Conrail spur tract;
Thence N. 16°12'50'W., along said ~vestem line, 1007.06 feet to a steel pin on
the southern Right-of-Way line of said Hamburg Pike;
Thence N. 24°46'38"E., along said Right-of-Way line 76.83 feet to a steel pin;
Thence N. 39°10'E., along said Right-of-Way line, 11.89 feet to THE TRUE
PLACE OF BEGINNING.
Containing 13.865 acres and being subject to all easements of record.
EXCEPTING THEREFROM: The 0.675 acre tract of land described in Deed
Drawer 10, Instrument 829 of said county records.
Containing after said exception 13.19 acres.
2. WHEREAS, the property described below consists of a city easement
approximately 30.5 feet wide by 200 feet tong, described below and highlighted in the survey
attached hereto as Exhibit A;
3. WHEREAS, Wyandot, Inc. owns the real estate on both the east and ;vest sides of
the easement ;vhich is to be vacated and will be the recipient of the vacated real estate;
4. WHEREAS, the approximately .14 acres of real estate will, once vacated, be
subject to taxation by the city;
5. WHEREAS, the vacation of the easement would not injure the public health,
safety, or morals of the community;
W3339:3437:44585:1 :JEFFERSONVILLE
6. WHEREAS, the vacation of the easement would not in any manner block access
to any church, school, or public facility, and would not impede the access of any property by
police, fire, or emergency units.
7. WHEREAS, the best use of the property would be a continuation of its current
use by Wyandot, Inc.
8. The description of the property is as follows:
above;
Being a part of Permsylvania Avenue (formerly West Street) in the Original Town
of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville,
Clark County, Indiana, and being further described as follows:
Beginning at a "Mag" nail on the northwest intersection of New Peacely Street
and said Pennsylvania Avenue; Thence N. t4°58'10" W., along the west line of
said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said
Pennsylvania Avenue and the north line of the original Peacely Street (vacated);
Thence S. 84°04'l 1" E., along the north end of said Pennsylvania Avenue, 32.33
feet to a drill hole in concrete on the northeast comer of the end of said Avenue,
being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.)
Railroad Spur Track; Thence along said west Right-of-Way line, also being the
east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc of a
7609.5 foot radius curve to the fight (concave westerly) being subtended by a
chord bearing S. 15 °13'15" E., 192.9 feet to a steel pin; Thence S 75° 14'10' W.,
31.05 feet to THE TRUE PLACE OF BEGINNING.
Containing 6158 square feet and being subject to all easements of record.
WHEREAS, it is in the best interest of Jeffersonville to grant the petition set forth
10.
follows:
WHEREAS, the names and addresses of the abutting property owners are as
W3339:3437:44585:1 :J EFFERSONVILLE
Wyandot, lnc.
Key Nos. 021-42-0130,021-42-0120,021-42-
0320,021-42-0350
City of Jeffersonville
Jeffersonville, 1N 47130
Key No. 020-23-0080
Serve:
Robert L. Waiz, Jr. Mayor
City-County Building
501 East Court Avenue
Jeffersonville, 1N 47130
and
Ron Grooms
President, Jeffersonville City Council
3104 Autumn Green Way
Jeffersonville, IN 47130
Hughes Development, LLC
6200 E. Hwy. 62, #100
Jeffersonville, iN 47130
Key No. 021-42-0140
United States of America
Serve:
Person in Charge
United States Census Bureau
1201 East 10th Street
Jeffersonville, IN 47130
and
c/o United States Attorney General
5137 Robert F. Kennedy Building
l0th Street & Constitution Avenue NW
Washington, D.C. 20530
and
c/o Susan W. Brooks
United States Attorney
10 West Market Street, Suite 2100
Indianapolis, IN 46204-3048
NOW, THEREFORE, it is requested, pursuant to the provisions set forth in I.C. § 36-7-3-
12, that the Jef£ersonville City Council vacate the road described above and illustrated in Exhibit
A as 1-2 Zoned property.
Dated this 10th day of January, 2006.
Allen'S. Morris
STITES & HARBISON, PLLC
323 East Court Avenue
Jeffersonville, IN 47130
Telephone: (812) 282-7566
COUNSEL FOR WYANDOT, 1NC.
W3339:3437:44585: I :J EFFERSONVILLE
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
I , ~ ~ I ANO REZ~
~ s~rzro~s z~c.' ~c ~s~ /u. 47*30
422 YlICS ~Vr~UX ~0. SOX
LEGAL NOTICE
TAKE NOT[CE that on the 23rd day of January, 2006, at 7:30 p.m., the Jeffersonville City
Council will hold a hearing pursuant to the provisions of[C 36-7-3-12, concerning the approval
ora petition to vacate an easement as zoned l-2 property abutting property owned by Wyandot,
Inc. This hearing will be held in Room 308, located on the third floor of the administrative wing
of the City-County Building in Jeffersonville, Indiana. This petition has been filed by Wyandot,
Inc.
The easement is approximately 30.5 feet wide by 200 feet long, located in city of Jeffersonville,
County of Clark, State of Indiana, and more specifically described as follows:
Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town
of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville,
Clark County, Indiana, and being further described as follows:
Beginning at a "Mag" nail on the northwest intersection of New Peacely Street
and said Pennsylvania Avenue; Thence N. 14058, 10" W., along the west line of
said Avenue, 2~)4.32 feet to a "Mag" nail on the northwest intersection of said
Permsylvania Avenue and the north line of the original Peacely Street (vacated);
Thence S. 84°04'11" E., along the north end of said Pennsylvania Avenue, 32.33
feet to a drill hole in concrete on the northeast comer of the end of said Avenue,
being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.)
Railroad Spur Track; Thence along said west Right-of-Way line, also being the
east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc of a
7609.5 foot radius curve to the right (concave westerly) being subtended by a
chord bearing S. 15013' 15" E., 192.9 feet to a steel pin; Thence S 75°14, 10' W.,
31.05 feet to THE TRUE PLACE OF BEGINNING.
Containing 6158 square feet and being subject to all easements of record.
All interested citizens are invited to come and comment upon the proposed vacation. If the
petition to vacate is approved, an Ordinance will be passed vacating said easement as zoned [-2
property.
Peggy Wilder, Clerk-Treasurer
City of ]'effersonville
44594:1 :JEFFERSONVILLE
G3445:9118:37595:1:J EFFERSONVILLE 1
PETITION FOR THE VACATION OF A CITY ROAD
WHEREAS, Wyandot, Inc. owns a parcel of property located at 125 Peacely
Street, Jeffersonville, Indiana, and more specifically described below:
Being a part of Kirby's Addition as shown in Plat Book 3 Page 45, part of the
Original Town of Claysburg as shown in Plat Book 4 Page 62, and a part of
Survey #8, all in the City of Jeffersonville, Clark County, Indiana, and being
further described as follows:
Beginning at the north comer of said Survey #8, the west comer of Survey #9 and
in the line of Survey #19; Thence southeastwardly, along the tine dividing
Surveys #8 and #9, 2377.5 feet, more or less, to the centerline of Hamburg Pike;
Thence S. 39°10'W., along said centerline, 282.74 feet to the eastern Right-of-
Way line of formerly the Conrail railroad spur tract;
Thence S. 16°02'50"E., along said Right-of-Way line 36.53 feet to a steel pin,
THE TRUE PLACE OF BEGINNING.
Thence continuing S. 16°02'50"E., (Basis of Bearings), along said Right-of-Way
lifqe, 1591.13 feet to a fence post;
Thence S. 36°51'25"E., along said Right-of-Way line, 196.61 feet to a steel pin;
Thence S. 77°43'11" W., along said Right-of-Way line, 70 feet to a steel pin;
Thence S. 16°02'50" E., along said Right-of-Way line, 57.38 feet to a drill hole;
Thence 193.93 feet along said Right-of-Way line, being the arc ora curve to the
right, concave westerly (radius = 7669.5 feet) having a chord bearing and distance
orS. 15°13'19" E., 193.92 feet to a steel pin;
Thence S. 75°01'50" W., 60 feet to a steel pin in the western Right-of-Way line
of said railroad;
Thence 192.9 feet along said western Right-of-Way line, being the arc of a curve
to the left, concave westerly, (radius = 7609.5 feet) haVing a chord veering and
distance of N. 15013' 15" W., 192.9 feet to a railroad spike;
Thence N. 84°04'1 I"W., 32.33 feet to a steel pin on the western Right-of-Way
line of Pennsylvania Avenue;
Thence S. 14°58, 10"E, along said Right-of-Way line, 204.32 feet to a railroad
spike on the northern Right-of-Way line of New Peacely Street;
Thence N. 83°52'33"W., along said Right-of-Way line 405.59 feet to a steel pin
on the western Right-of-Way line of Green Street;
Thence S. 6°12'44"W., along said Right-of-Way line, 183.94 feet to a railroad
spike on the northeast comer of a tract of land described in Deed Drawer 10,
Instrument 4160 of said county records;
Thence N. 84°18'43"W., along the north line of said tract, 183.53 feet to a steel
pin in the eastern Right-of-Way line of North Locust Place (formerly a 20 foot
wide alley);
Thence N. 7°42, 19"E., along said Right-of-Way line 334.1 feet to a railroad
spike;
W3339:3437:44585:1 :JEFFERSONVILLE
WHEREAS, the vacation of the easement would not in any manner block access
to any church, school, or public facility, and would not impede the access of any property by
police, fire, or emergency units.
7. WHEREAS, the best use of the property ~vould be a continuation of its current
use by Wyandot, Inc.
8. The description of the property is as follows:
above;
Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town
of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville,
Clark County, Indiana, and being further described as follows:
Beginning at a "Mag" nail on the northwest intersection of New Peacely Street
and said Pennsylvania Avenue; Thence N. 14°58, 10' W., along the west line of
said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said
Pennsylvania Avenue and the north line of the original Peacely Street (vacated);
Thence S. 84°04, l l" E., along the north end of said Pennsylvania Avenue, 32.33
feet to a drill hole in concrete on the northeast comer of the end of said Avenue,
being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.)
Railroad Spur Track; Thence along said west Right-of-Way line, also being ~he
east Right-of-Way line of said Permsylvania Avenue, 192.9 feet along the are of a
7609.5 foot radius curve to the right (concave westerly) being subtended by a
chord bearing S. I5°13' 15" E., 192.9 feet to a steel pin; Thence S 75o14, 10" W.,
31.05 feet to THE TRUE PLACE OF BEGINNING.
Containing 6 l 58 square feet and being subject to all easements of record.
WHEREAS, it is in the best interest of Jeffersonville to grant the petition set forth
10.
follows:
WHEREAS, the names and addresses of the abutting property owners are as
W3339:3437:44585:1 :JEFFER.SONVILLE