HomeMy WebLinkAbout2006-OR-10ORDINANCE NO. 2006-OR-10
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE
WHEREAS, on February 27, 2006, North Port Development Corporation, filed
their Petition to Vacate a Portion ofa Pub!ic Way in the City of Jeffersonville, which
public way is described as being a public right-of-way located along Middle Road, (the
"Property"), with the Jeffersonville Common Council (the "Council"), which petition
reads as follows: PETITION TO VACATE A PUBLIC RIGHT-OF-WAY IN THE
CITY OF JEFFERSONVILLE; and
WHEREAS, notice of a public hearing on the City's Petition to Vacate the Alley was
pubhshed in the Evening News on Feb uary 17, 2006; 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 property; and
WHEREAS, on February 27, 2006 the Council held a pubhc hearing on the C~ty
Petition and made the following findings:
1. The best use of the property would be to vacate it, as it is not needed or used for
ingress or egress for any purpose.
2. The vacation of the property 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 property.
NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions
of I.C. 36-7-3-12, that the public way described as a right-of-way along Middle Road 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. ~/ ~ Dqc~cc h~'~ ) ,,,~ ....
Passed this 4~ ~' day of February 2006.
Robert L. Waiz, Jr./
Presiding Officer
ATTEST:
Pegg/yb3/~fder
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of the City of Je£fersonville,
Indiana this ~7~'q day of ge, bvua~ 2006 at ~t9 o'clock~_.m.
Peg~lder~e~
Clerk-Treasurer
This Ordinance approved and signed by me this ~¢day
o'clock ~CT~.m.
of ~e, bru~ 2006 at
Ro r
PAUL PRIMAVERA & ASSOCIATES
NORTHPORT RIGHT-OF-WAY VACATION
The following is a legal description prepared this 31st day of January, 2006,
of real property being a part of Survey #14 of the Illinois Grant, Utica Township,
Clark County, Indiana, more particularly described as follows:
Beginning at the Southwest coruer ora 0.825 acre tract conveyed to Clark County,
Indiana, in Deed Drawer 26, Instrument #2174, in the Office of the Recorder of
Clark County, Indiana; thence along the lines of said tract as follows: along a
curve to the left (said curve having a radius of 532.93 feet, a chord bearing North
140 36~ 57" East, and a chord length of 237.94 feet) a distance of 239.96 feet;
thence North 05° 58' 14" East 93.79 feet; thence along a non-tangent curve to the
left (said curve having a radius of 547.93 feet, a chord bearing North 21 ° 23' 26"
West, and a chord length of 251.7l feet) a distance of 253.97 feet; thence North
20° 29' 41" West 30.18 feet; thence leaving the lines of said tract South 32° 54'
41" East 268.85 feet; thence South 08° 04' 47" East 105.63 feet; thence South 23°
03' 58" West 84.57 feet; thence South 23° 04' 45" West 53.43 feet; thence South
22° 27' 07" West 54146 feet; thence South 23 ° 32' 26" West 54.27 feet; thence
South 25° 28' 29" West 10:26 feet to the lines of said tract; thence along said lines
South 54° 27' 35" West 33.66 feet to the point of beginning, containing 0.416
Acre, more or less.
Being a part of that property conveyed to Clark County, Indiana, described
in Deed Drawer 26, Instrument 2174.
301 E. Chestnut Street, RO. Box 123, Corydon, IN 47112
Phone: (812) 738-4124 Fax: (812) 738;6740 e-mail: pprirnavera~prirnavera.win.net
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE, INDIANA
PETITION TO VACATE A PUBLIC WAY
RIGHT-OF-WAY ALONG MIDDLE ROAD
IN THE CITY OF JEFFERSONVILLE
Petitioner, North Port Development Corporation, petitions the City Council to vacate a piece of
property more specifically described as a right-of-way located along Middle Road situated in
Jeffersonville, Clark County, Indiana.
In support of this petition, the City states as follows:
I. The names and addresses of all owners of land abutting the property are:
· North Port Development Corporation, 1900 Liberty Drive, Bloomington, Indiana
· City of Jeffersonville, Indiana.
2. That this piece of property is a public owned right-of-way.
3. That this piece of property is a public road being used by the general public.
4. The vacation of the property as described herein would not injure the public health,
safety, or morals of the community.
5. 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 above described property.
Leslie D. Merkey
City Attorney
PAUL PRiMAVERA & ASSOCIATES
REC;ISTERED ENGINEERS AND LAND SURVEYORS
NORTHPORT RIGHT-OF-WAY VACATION
The following is a legal description prepared this 31st day of January, 2006,
of real property being a part of Survey #14 of the Illinois Grant, Utica Township,
Clark County, Indiana, more particularly described as follows:
Beginning at the Southwest comer ora 0.825 acre tract conveyed to Clark County,
Indiana, in Deed Drawer 26, Instrument #2174, in the Office of the Recorder of
Clark County, Indiana; thence along the lines of said tract as follows: along a
curve to the left (said curve having a radius of 532.93 feet, a chord bearing North
14° 36' 57" East, and a chord length of 237.94 feet) a distance of 239.96 feet;
thence North 05° 58' 14" East 93.79 feet; thence along a non-tangent curve to the
left (said curve having a radius of 54T93 feet, a chord bearing North 21° 23' 26"
West, and a chord length of 251.71 feet) a distance of 253.97 feet; thence North
20° 29' 41" West 30.18 feet; thence leaving the lines of said tract South 32° 54'
41" East 268.85 feet; thence South 08° 04' 47" East 105.63 feet; thence South 23°
03' 58" West 84.57 feet; thence South 23° 04' 45" West 53.43 feet; thence South
22° 27' 07" West 54.46 feet; thence South 23° 32' 26" West 54.27 feet; thence
South 25° 28' 29" West 10.26 feet to the lines of said tract; thence along said lines
South 54° 27' 35" West 33.66 feet to the point of beginning, containing 0.416
Acre, more or less.
Being a part of that property conveyed to Clark County, Indiana, described
in Deed Drawer 26, Instrument 2174.
301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112
Phone: (812) 738-4124 Fax: (812) 738-6740 e-mail: pprimavera@primavere,win.net
: ,99'¢£
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA
1N THE MATTER OF THE PETITION
OF NORTH PORT DEVELOPMENT
CORPORATION TO VACATE A
PUBLIC RIGHT-OF-WAY LOCATED
ALONG MIDDLE ROAD
NOTICE OF ItEARING ON PETITION TO VACATE
A PUBLIC RIGHT-OF-WAY IN JEFFERSONVILLE~ INDIANA
Notice is hereby given that North Port Development Corporation has filed a
Petition with the Jeffersonville City coUncil, Jeffersonville, Indiana asking for the
vacation of a public right-of-way located along Middle Road.
A public hearing will be held on February 27, 2006 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.
Leslie D. Merkley
City Attorney
4th Floor, City-CoUnty Building
501 E. Court Avenue
Jeffersonville, IN 47130
(812) 285-6491
LDM/slk