The URL can be used to link to this page

Home My WebLink About1984-OR-35 ORDINANCE ~O. 84-OR'-,~"'~' J~ 7 2 S~7~ Ordinance vacating an alley. WHEREAS, Mary Jane McIntyre Wright, et al., has petitioned the City to vacate the fo]lowing described alley: A 10' wide 174' long unmade alley between lots 1, 2, 3 & 4 in B]ock No. 33 between Watt Street and Meigs Avenue and Court and Maple Street. AND WHEREAS, the jeffersonvi]]e Plan Commission has approved and recommended such vacation, subject to the granting of access easements by the adjacent landowners; and WHEREAS, such easements have been granted; NOW, THEREFORE, IT IS HEREBY ORDAINED, that the alley above described be and is hereby vacated. This Qrdinance shall be in full force and effect from and after its passage and approval. Passed this ~----/ day of April, 1984. MAYO~ u--ALE . ~ ..... ATTEST: C~..'RICHARD SPENC~, JR. ~ CLERK-TREASURER Presented by me as Clerk-Treasurer to City of Jeffersonville this ~/ day of 1984. the Ma~or-of said C. R'ICHARD SPENCEr, JR. ~' CLERK-TREASURER Approved and signed by me this ~, £ , 1984. · ! day of MAYOR DA]~E L. OREM MUTUAL AND COM~4ON EASEMENT AGREEMENT THIS AGREEMENT, made in the City of jeffersonville, Clark County, Indiana, on this day of 1984, by and between Mary Jane Mclntyre Wright, Mary Jean Mclntyre, Dorothea McIntyre, Evelyn Watkins and Katherine Brasill, owners of 412 Watt Street, jeffersonville, Clark County, Indiana, herein referred to as the Parties of the First Part; and James L. Carter and Donna J. Carter, owners of 503 East Maple Street, jeffersonville, Clark County, Indiana, herein referred to as the Parties of the Second Part; and Jerry A. Dean and Cora Mae Dean, owners of 507 East Maple Street, jeffersonville, Clark County, Indiana, herein referred to as the Parties of the Third' Part. WHEREAS, the Parties of the First Part represent and warrant that they own and have fee simple title to that certain parcel of real estate located in the City of Jeffersonville, Clark County, Indiana, more particularly described as follows: Being fifty-six (56) feet ~f Lots Four and Five (4) & (5) in Block No. Thirty-three (33) in the enlargement of the City of Jeffersonville, and on the east side of Watt Street bounded thus: Beginning on the east side of Watt Street 121 1/2 feet north- wardly from Maple Street, thence northwardly with the east line of Watt Street 56 feet; thence at right angles eastwardly 160 feet to an alley; thence southwardly with the line of said alley 56 feet; thence at right angles westwardly 160 feet to Watt Street, to the Place of beginning, subject to the ten (10) foot alley off the south side of Lot Four (4) in said block. WHEREAS, the Parties of the Second Part represent and warrant that they own and have fee simple title to that certain parcel of real estate located in the City of jeffersonville, Clark County, Indiana, more particularly described as follows: Tract 1 Part of Lots 1, 2, & 3 in Block No. 33 in the City of Jeffersonville, bounded thus: Beginning at the intersection of Watt and Maple Streets, at the -1- Southwest corner of said Lot No. 1; thence Eastwardly along Maple Street 33 feet; thence at right angles Northwardly across said Lots Nos. 1, 2 & 3 to the North line of said Lot No. 3; thence Westwardly along said Northern line 33 feet to Watt Street; thence Southwardly with Watt Street to the place of beginning. ~ract 2u Parts of Lots 1, 2 and 3 in Block No. Thirty- zt of jeffersonville, beginning three (33) in the C' y ~ _ ~ Thirty-three (33) on the North side of Maple ~tree~ feet Bast of the Southwest corner of said Lot No. 1; thence with Maple Street Bastwardly Thirty- five (35) feet; thence at right angles North- wardly and parallel with Watt Street across Lots nd 3 to the North line of said Lot Nos. 1, 2 a ...... tm last mentioned line ~ ~ No 3; thence w~n~ ~ ~ irt -five (35) feet; thence para£zez Westwardly th Y ...... rdl- one Hundred Twent~ bOU~W~ 7 - with Watt Street .... ~o~ feet to the place o~ One and One-H~lf ~iz~ ~, - beginning. WHEREAS, the Parties of the Third Part represent and warrant that they own and have fee simple title to that certain parcel of real estate located in the City of jeffersonville, Clark County, Indiana, more particularly described as follows: Being a part of Lots Nos. 1, 2 and 3, in Block No. 33, in the City of jeffersonville, bounded thus: Beginning at a stake on Maple Street, 68 feet east of the southwest corner of said block; thence eastwardly with Maple Street 32 feet feet to a stake; thence at right angles north- wardly 121.5 feet; thence at right a~gles w~t- wardly 32 feet; thence at right angzes sounn- wardly 121.5 feet to the place of beginning. WHEREAS, the City of jeffersonville,by and through its Common Council intends to vacate a certain alley located in said city, more particularly described as follows: A part of Block No. 33 in the City of jeffersonville, Clark County, Indiana, being a ten (10) foot wide alley described as follows: Beginning at the west corner of Lot No. 3 of said Block 33 in the northeasterly right-of-way line of Watt Stree~ which marks the south corner of said the (10) foot wide alley, thence the following courses: eet. more or less, with said Northwestwa~dly~ ~ {~ ~%~, line of Watt Street, ~?~ northeaster£y rzgn~ ~. ~-= =~id ten (10) foot azz=3, is the southwester£y £zne o~ ~- Block No. to the south corner of Lot No. a of said 33 which is the west corner of said ten (i0) foot alley; -2- Northeastwardly, 170 feet, more or less, with the southeasterly line of said Lot No. 4, which is the northwesterly line of said alley, to the east corner of said Lot No. 4 in the southwesterly right-of-way line of a twenty <20) foot alley; Southeastwardly, 10 feet, more or less, with the southwesterly right-of-way line of said twenty (20) foot alley which is the northeasterly line of said ten (i0) foot alley, to the north corner of said Lot No. 3; Southwestwardly, 170 feet, more or less with the m~r~h~esterl¥ line of said Lot No. 3,, which is the southeasierly line of said ten (10) foot alley to the true place of beginning and containing 0.039 acres of land. WHEREAS, the Parties of the First, Second and Third Parts are the abutting land owners to the above described alley, and WHEREAS, the above said Parties will become owners in fee simple to certain portions of the above described alley upon the vacation of said alley by the Jeffersonville Common Council, and WHEREAS, it is the intent and desire of the Parties of the First, Second and Third Parts to give and receive mutual ease- men~s for the ingress and egress over part of the above described alley in which the parties will have a proprietory interest for the benefit and use in common of the parties hereno, and their respective successors and assigns who may hereafter be the owners of any of the above described parcels of real estate. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the munual covenants and agreements hereinafter contained and set forth, and in consideration of the benefits and advantages hereto by easement, covenant and agree as follows, to be obtained and derived by each of the parties the reason of the establishment and maintenance of said the said parties hereto do hereby mutually promise, tc-wit: -3- 1. The parties hereto do hereby agree that an easement will be laid out and maintained for their private and mutual use in common over and across the above described alley to be vacated by the City of Jeffersonville, Indiana. Z. The parties hereto do hereby agree to give and receive mutual easements to any other abutting property owner(S) to the above described alley. 3. Each party shall release and re±inquish any and all claims for damages or causes of actions which may arise from the use and occupancy of the above described easement. 4. The parties hereby agree that the mutual easements conveyed by this agreement shall operate as a covenant running with the land. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this /7 day of ~f~/'~ , 1984. PARTIES OF THE FIRST PART: -4-