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HomeMy WebLinkAbout2004-OR-45AORDINANCE NO. 2004-OR-45 A AN ORDINANCE VACATING A PORTION OF WALL STREET, A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE~ INDIANA WHEREAS, petitioner, Realty Equities, LLC, an Indiana limited liability company, has filed a petition pursuant to the provisions of IC 36-7-3-12 seeking the vacation of that portion of Wall Street, a public way in the City of Jeffersonville, Indiana, located between the 100 and 200 blocks of East Market Street between the floodwall and said street; and, WHEREAS, such petitioner has further caused a notice of public hearing on such petition before this Common Council to be (i) served by all other owners adjoining the property proposed to be vacated, and (ii) properly published in accordance with Indiana law; and, ' WHEREAS, this Common Council having held such public hearing at the date and time as stated in such published notice; and, WHEREAS, this Common Council now finds that the relief requested by such petitioner should be granted. NOW, THERFORE, BE IT ORDAINED, that the Common Council of the City of Jeffersonville, Indiana, hereby finds all of the following: 1. The proposed vacation will not hinder the growth or orderly development of the City of Jeffersonville, Indiana. 2. The proposed vacation will not make access to the lands of any aggrieved person by means of public way difficult or inconvenient. 3. The proposed vacation will not hinder the public's access to a church, school, or other public building or place. 4. The proposed vacation will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. IT IS FURTHER ORDAINED that the Common Council of the City of Jeffersonville, Indiana, does accordingly hereby vacate the following described portion of an unimproved public way: BEING A PART OF WALL STREET IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA, AND BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH CORNER OF LOT 57, BEiNG THE SOUTHERN INTERSECTION OF EAST MARKET STREET AND WALL STREET; THENCE NORTHEASTERLY ALONG THE SOUTHEAST RIGHT-OF-WAY LiNE OF SAID EAST MARKET STREET 60 FEET TO THE WEST CORNER OF LOT 58, BEING THE EASTERN iNTERSECTION OF SAID STREETS; THENCE SOUTH 31 DEGREES 18 MiNUTES 37 SECONDS EAST ALONG THE NORTHEAST RIGHT-OF-WAY LiNE OF SAID WALL STREET 204.35 FEET TO A STEEL PiN ON THE SOUTH CORNER OF SAID LOT 58; THENCE NORTH 31 DEGREES 18 MINUTES 37 SECONDS WEST ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID WALL STREET 203.01 FEET TO THE PLACE OF BEGINNING. CONTAiNiNG 0.28 ACRE, AND BEiNG SUBJECT TO ALL EASEMENTS OF RECORD. IT IS FURTHER ORDAINED that subsequent to the vacation granted herein, the entirety of the vacated area shall be owned by petitioner, Realty Equities, LLC, subject to its obligation to rededicate the area therein to be improved pursuant to petitioner's preliminary development plan previousl~ approved by this Common Council as a paved street for vehicular and pedestrian use, including all decorative medians, sidewalks, and subsurface facilities, to the City of Jeffersonville, Indiana, upon completion of such improvements to the satisfaction and approval of the Jeffersonville Board of Works. The area existing above the surface of the vacated area would not be so dedicated, and would be specifically retained by Petitioner for purposes of its proposed development. The vacation enacted by this Ordinance shall become void and of no legal effect without further action of this Common Council in the event that construction of the improvements referenced hereinabove are not commenced within two (2) years after the date that this Ordinance is fully adopted and approved. IT IS FURTHER ORDAINED that this vacation shall not deprive any public utility of the use of all or part of the easements hereby vacated to the extent that any such public utility was occupying all or part of such easements at the time that the petition for vacation was filed. This Ordinance was proposed, promulgated, and adopted this . day of _, 2004, and shall be of full force and effect as of the date of its passage. The Clerk-Treasurer is directed to furnish a copy of this ordinance to the Clark County Recorder for recording, and to the Clark County Auditor. Page 2 of $ COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA President, Jeffersonville City Council ~eg~ Wil~dr, Clerk-Treasurer CERTIFICATE OF PRESENTATION TO MAYOR The undersigned hereby certifies that the Ordinance set forth hereinabove was presented by me as the duly elected Jeffersonville Clerk-Treasurer to the Mayor of the City of Jeffersonville this \~'~ day of .~_.~z/'oLj:~D~ ,2004. ~ggy ,¢¢~lerk-Trea APPROVAL BY MAYOR The Ordinance set forth hereinabove was accepted and apprgved by me as Mayor of the City of Jeffersonville, Indiana, this /~ day of .~t~ , 2004. ito City of Jeffers'onville, Indiana Attest.~,~.~~ Peggy ~f~er, Clerk-Treasurer Page 3 of 3