HomeMy WebLinkAbout2002-OR-34COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
JAMES HACK TO VACATE PUBLIC WAY
IN JEFFERSONVILLE, INDIANA
ORDINANCE NO. ~
ORDINANCE GRANTING PETITION TO VACATE PUBLIC WAY
Comes now Willow Trace Limited Partnership, an Indiana limited partnership, as
successor in interest to James Hack, hereinai~er refenced to as "Petitioner," and Petitioner
having heretofore filed its Petition to Vacate Public Way, and notice of said petition and the
time and place of the hearing regarding the same having been given by the Clerk of the City
of Jeffersonville pursuant to the provisions of Indiana Code 36-7-3-12 and 5-3-1, and the
Common Council of the City of Jeffersonville, Indiana, having examined and heard
evidence on said petition and being duly advised in the premises now finds that said petition
should be granted.
IT IS THEREFORE ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, that the roadway known as Orchard Street, as more particularly set
out in the legal description attached hereto as Exhibit "A" and shown by the drawing
attached hereto as Exhibit "B," both of which are incorporated by reference herein, shall be
and is hereby vacated by the Common Council of the City of Jeffersonville, Indiana, and
that the fee simple rifle to said real estate shall vest in the adjoining landowners in
accordance with Indiana law.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this
day of November, 2002.
COMMON COUNCIL OF THE
CITY OF JEFFERSONVILLE, INDIANA
tg Officer
ATTEST:
By: ~)0~ kJ3-~Q-c)'
PcggyrWil~, ~lcrk-Trcasurer
Presented by Peggy Wilder, Clerk-Treasurer, to the Mayor of said City of
Jeffersonville on this lQ day of November, 2002.
Peggy WiPde~, Clerk-Treasurer
This ordinance approved and signed by me this C'~/ day of November, 2002.
~om~ R. Galll~a o~
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EXHIBIT "A"
ORCHARD STREET
(.To Be Vacated)
11~e following is a legal description prepared this 6th day of March, 2002,
of~ real property being a part of Orchard Street in Kirby's Subdivision
afl part of Survey No. 8 of the illinois Grant, Jeffersonville Township.
Clark County, Indiana. more particularly described as follows:
Commencing at the Southwest comer of Lot No. 14. of said Kirby's
Subdivision; thence along the East line of Spring Street
North 08' 40' 08" East 963.48 feet to the South line of Orchard Street
and the point of beginning; thence continuing along said East line
North 08' 40' 08" East 45.14 feet to the North line of Orchard Street;
thence along said North line North 71' 03' 05" East 282.23 feet; thence
South 16' 02' 50" East 40.05 feet to the South line of Orchard Street; thence
along said South line South 71' 03' 05" West 301.13 feet to the point of
beginning, containing 0.268 Acre. more or less.
EXHIBIT "B"
CITY COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
JAMES HACK TO VACATE PUBLIC WAY
IN JEFFERSONVILLE, INDIANA
PETITION TO VACATE PUBLIC WAY
Comes now the Petitioner, James Hack, and hereby petitions the City Council of
Jeffersonvillc, Indiana (hereinafter referred to as the "City"), to vacate that certain dedicated
roadway described herein, and, in support hereof, would state as follows:
1. Petitioner is the sole owner of Lots 16 and 17 (hereinafter referred to as the "Lots"),
Kirby's Subdivision, as recorded in Plat Book 3, Page 35, in the office of the Clark County
Recorder (hereinafter referred to as the "Plat").
2. The Lots abut either side of a forty (40) foot roadway shown and described on the
Plat as "Orchard Street."
3. Petitioner requests that the City vacate Orchard Street in its entirety, which roadway
is more particularly described by the legal description attached hereto as Exhibit "A" and shown by
the drawing attached hereto as Exhibit "B," both of which are incorporated by reference herein.
4. Petitioner desires to have the subject roadway vacated because: (a) it is now and
always has been unimproved; (b) it is not now and has never been in use as a public or private
roadway; and (c) it is not necessary for the development of Kirby's Subdivision.
5. The owner of all lands abutting or adjoining the subject roadway is Wyandot, Inc.
Dated: October 22, 2002
J~es Hack, Petitioner
Prepared by:
Keith D. Mull, Attorney No. 17087-32
Attorney for Petitioner
APPLEGATE & MULL
131 East Court Avenue, Suite 101
Post Office Box 1418
Jeffersonville, Indiana 47131-1418
(812) 284-9499
EXHIBIT "A"
ORCHARD STREET
(,To Be Vacated)
Tne following is a legal description prepared this 6th day of March, 2002,
of! real property being a part of Orchard Street in Kirby's Subdivision
of~ part of Survey No. 8 bf the Illinois Grant, ueffersonville Township,
Clark County, Indiana, more particulany described as follows:
Commencing at the Southwest comer of Lot No. 14. of said Kirby's
Subdivision; thence along the East llne o¢ Spring Street
North 08' 40' 08" East 963.48 feet to the South line of Orchard Street
an~ the po nt of beginning; thence continuing along said East line
N~,rth 08' 40' 08" East 45,14. feet to the North line of Orchard Street;
t~'~r;ce along said North line North 71' 03' 05" East 282.23 feet; thence
SOuth 16' 02' §0" Fast 4.0.05 feet [o the South line of Orchard Street; thence
along said South line South 71' 0;5' 05" West 301.13 feet to the point of
beginning, containing 0.268 Acre, more or less.
EXHIBIT "B"
CITY COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
JAMES HACK TO VACATE PUBLIC WAY
IN JEFFERSONVILLE, INDIANA
NOTICE OF PUBLIC HEARING TO
CONSIDER PETITION TO VACATE PUBLIC WAY
NOTICE is hereby given that the Petitioner, James Hack, has filed with the City Council of
the City of Jeffersonville, Indiana, a Petition to Vacate Public Way relating to that certain road
known as Orchard Street, located in Kirby's Subdivision, and more particularly described as
follows:
Being a part of Orchard Street in Kirby's Subdivision a part of Survey No. 8 of
the Illinois Grant, Jeffersonville Township, Clark County, Indiana, more
particularly described as follows:
Commencing at the Southwest comer of Lot No. 14 of said Kirby's Subdivision;
thence along the East line of Spring Street North 08° 40' 08" East 963.48 feet to
the South line of Orchard Street and the point of beginning; thence continuing
along said East line North 08° 40' 08" East 45.14 feet to the North line of Orchard
Street; thence along said North line North 71° 03' 05" East 282.23 feet; thence
South 16° 02' 50" East 40.05 feet to the South line of Orchard Street; thence along
said South line South 71° 03~ 05" West 301.13 feet to the point of beginning,
containing 0.268 Acre, more or less.
The Petitioner desires to have said roadway vacated in its entirety.
A public hearing will be held on Monday, November 4, 2002, at 7:30 p.m. in the Multi-
Purpose Hearing Room on the Third Floor of the County-County Building at 501 East Court
Avenue, Jeffersonville, Indiana, at which time and place all interested persons will be heard in
reference to matters set out in said petition.
Such notice given and posted this the 22nd day of October, 2002.
Keith D. Mull, A"tlomey No. 17087-32
Attorney for Petitioner
APPLEGATE & MULL
131 East Court Avenue, Suite 101
Post Office Box 1418
Jeffersonville, Indiana 47131 - 1418
(812) 284-9499
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