HomeMy WebLinkAbout2004-OR-65COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
GREATER CLARK COUNTY SCHOOL
CORPORATION AND JEFFERSONVILLE
HOUSING AUTHORITY TO VACATE PUBLIC
WAY IN JEFFERSONVILLE, INDIANA
ORDINANCE NO. 2004-OR-65
ORDINANCE GRANTING PETITION TO VACATE PUBLIC WAYS
Come now Greater Clark County School Corporation, an Indiana community school
corporation, and Jeffersonville Housing Authority, a municipal corporation, hereinafter
referred to as '~Petitioners,' and Petitioners having heretofore filed their 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 al~d 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 east of Locust Street known as Smith Avenue and
those two (2) ten (10) foot alleys, 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 are hereby vacated by the
Common Council of the City of Jeffersonville, Indiana, and that the fee simple title to said
real estate shall vest in the adjoining landowners in accordance with Indiana law.
AND BEING FURTHER ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, that that portion of the roadway known as Riddle Street situated east
of Locust 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 Cotmcil of
the City of Jeffersonville, Indiana, and that the fee simple title to said real estate shall vest in
the adjoining landowners in accordance with Indiana law.
AND BEING FURTHER ORDAINED by the Common Council of the City of
Jeffersonville, Indiana that the portion of Riddle Street being so vacated by this Ordinance
be classified for zoning purposes in the R3 (Old City Residential).
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this 1st day of November, 2004.
com oN
Robert Waiz,) esiding Officer
ATTEST:
By: x
Peggy Wilder, Clerk-Treasurer
Presented by Peggy Wilder, Clerk-Treasurer, to the Mayor of said City of
Jeffersonville on this 1st day of November, 2004.
Peggy Wi~!)~r,'r,°'~lerk-Treasurer
2
This ordinance approved and signed by me t~st~/~ber, 2004.
~/~
Robert Waiz, Mayor
3
EXItlBIT "A"
DESCRIPTION OF VACATED SMITH AVENUE AND TWO ALLEYS
Being a pa~t of Smith Avenue and two l0 foot wide alleys in Beechwood Addition as
shown in Plat Book 4, Page 95 of the Clark County, Indiana records and being further described
as follows:
Begirming at the northwest comer of Lot 1 in Kirby's Subdivision as shown in Plat Book
3, Page 35 of said County records, being the southeast intersection of Riddle and Spring Streets in
said City; Thence S.85°48'19"E., along the south Right-of-Way line of said Riddle Street, 260
feet; Thence S.4°11'41"W., 75.17 feet to the north line of Beechwood Addition, The TRUE
PLACE OF BEGINNiNG:
....... 19"E
Thence ~.~= ,*o ., along said north line, being the north line of a ten foot wide alley,
160.24 feet to a steel pin on the northeast comer of said Addition;
Thence S.4° 11'41 "W., along the east line of said Addition, being the east line of a ten foot
wide alley, 192.08 feet to the south line of Smith Avenue;
Thence N.85°48'19"W., along the south line of said Avenue, 160.24 feet;
Thence N.4° 11'41"E., 30.58 feet to the north Right-of-Way line of said Avenue;
° '19"E
Thence S.85 48 ., along said north Right-of-Way line, 150.24 feet to the southeast
comer of Lot 11 in said Addition;
Thence N.4° 11'4 I"E., along the east line of said lot, being the west line of a ten foot wide
alley, 151.5 feet to the northeast comer of said lot;
........ 19"W
Thence 1,4.~ ,*o ., along the south line of a ten foot wide alley, 150.24 feet;
...... '41"E
Thence l'q.,+ ix ., 10 feet to The TRUE PLACE OF BEGINNING.
Containing 8018 square feet and being subject to all easements of record.
DESCRIPTION OF VACATED PORTION OF RIDDLE STREET
Being a part of Kirby's Subdivision as shown in Plat Book 3, Page 35 and part of Kirby's
Subdivision replatted in Plat Book 4, Page 57 of the Clark County, Indiana records and being
further described as follows:
Beginning at the northwest comer of Lot 1 in said Kirby's Subdivision, being the
southeast intersection of Riddle and Spring Streets in said City; Thence S.85°48'19"E., along the
south Right-of-Way line of said Riddle Street, 743.57 feet to The TRUE PLACE OF
BEGINNING:
Thence N 4°11'4 I"E, 40 feet to the north Right-of-Way line of said Riddle Street;
Thence S.85°48'19''E, along said Right-of-Way line, 320 feet to the northwest
intersection of Pennsylvania Avenue with said Riddle Street;
Thence S.14°14'30"E, along the western Right-of-Way line of said Pennsylvania
Avenue, 42.16 feet to the southwest intersection of said Streets;
Thence N.85°48'19"W., along the south Right-of-Way line of said Riddle Street, 333.33
feet to the TRUE PLACE OF BEGINNING.
Containing 13,067 square feet, and being subject to all easements of record.
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I0/19/2004 3:31 PI~
CITY COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
GREATER CLARK COUNTY SCHOOL CORPORATION
AND JEFFERSONVILLE HOUSING AUTHORITY
TO VACATE PUBLIC WAY IN JEFFERSONVILLE, INDIANA
PETITION TO VACATE PUBLIC WAY
Comes now the Petitioners, Greater Clark County School Corporation ("GCCSC").~ and
Jeffersonville Housing Authority ("JHA"), and hereby petitions the City Council of Jeffersonville, Indiana
(hereinafter referred to as the "City'), to vacate that certain dedicated roadway and alley described herein,
and, in support hereof, would state as follows:
1. Petitioner, GCCSC is the owner of real property situated in Beechwood Addition
(hereinafter referred to as the "GCCSC Property"), as recorded in Plat Book 4, Page 95, in the office of the
Clark County Recorder (hereinafter referred to as the "Plat").
2. Petitioner JHA is al,so the owner of real property situated in Beechwood Addition (the
"JHA Property"). The JHA Property is bounded on three sides by the GCCSC Property.
3. Adjacent to the GCCSC Property and the JHA Property is a thirty and thkty-eight one
hundreds (30.38) foot roadway shown and described on the Plat as "Smith Avenue." At the eastern
terminus of Smith Avenue, is a ten (10) foot alley running parallel to Locust Street for 151 feet and then
turning in a westerly direction parallel to Smith Avenue (the "Alleys"). This portion of Smith Avenue and
both Alleys are unimproved.
4. Adjacent to the JHA Property is an improved roadway extending fi.om Locust Street to
Pennsylvania Avenue as shown and described in the Plat as "Riddle Street." Riddle Street is currently
improved.
5. Petitioners request that the City vacate that portion of Smith Avenue situated to the east of
Locust Street and the Alleys in their entirety, which roadway and Alleys are 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. Petitioner also request that the City vacate that
portion of Riddle Street 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.
6. Petitioners desire to have that portion of Smith Avenue and the Alleys vacated because: (a)
they are bounded entirely by the real property owned by Petitioners; (b) they are not now in use as a public
or private roadway; and (c) they are not necessary for the development of Beechwood Subdivision.
7. JHA desires to have that portion of Riddle Street vacated because: (a) it are bounded
entirely on the south side by the real property owned by petitioners; (b) it is not necessary for the
development of Beechwood Subdivision; (c) the vacation is necessary to complete the Greenwood Area
Revitalization Plan.
8. petitioners are the sole owners of all lands abutting or adjoining Smith Avenue and the
Alleys.
9. JI-IA is the sole owner of all lands abutting or adjoining that portion of Riddle Strut to be
and Trustee's Guilt Edge Baptist Church are the sole owners of all lands abutting or adjoining that
portion of Riddle Street to be vacated.
Dated: September 14, 2004
Attest: ~ ~' t/tl
By: ]W*'
Name: Michael Hodgson
Title: __Chi&Financial Officer~
GREATER CLARK coUNTY
CORPO~RA//~ON, Petitione~ y
Name: Thomas W. Rohr
Title:_ Superintendent
SCHOOL
JEFFERSONVILLE HOUSING AUTHORITY,
B :33-' ~~ive Director
2
Alan M. Applegate
Attorney for Petitioners
APPLEGATE & MULL
131 East Court Avenue, Suite 101
Post Office Box 1418
jeffersonville, Indiana 47131-1418
(812) 284-9499
EXHIBIT "A"
DESCRIPTION OF SMITH AVENUE AND TWO ALLEYS TO BE VACATED
Being a part of Smith Avenue and two 10 foot wide alleys in Beechwood Addition as shown in
Plat Book 4, Page 95 of the Clark County, Indiana records and being further described as follows:
Beginning at the northwest comer of Lot 1 in Kirby's Subdivision as shown in Plat Book 3, Page
35 of said County records, being the southeast intersection of Riddle and Spring Streets in said City;
Thence S.85°48'19"E., along the south Right-of-Way line of said Riddle Street, 260 feet; Thence
S.4°1 l'41"W., 75.17 feet to the north line of B eechwood Addition, The TRUE PLACE OF BEGINNING:
Thence S.85°48'19"E., along said north line, being the north line of a ten foot wide alley, 160.24
feet to a steel pin on the northeast comm' of said Addition;
Thence S.4°11'4 I"W., along the east line of said Addition, being the east line of a ten foot wide
alley, 192.08 feet to the south line of Smith Avenue;
Thence N.85°48'lg"W., along the south line of said Avenue, 160.24 feet;
Thence N.4°l 1'41"E., 30.58 feet to the north Right-of-Way line of said Avenue;
Thence S.85°48'19"E., along said north Right-of-Way line, 150.24 feet to the southeast comer of
Lot 11 in said Addition;
Thence N.4° 1 I'41 "E., along the east line of said lot, being the west line of a ten foot wide alley,
i51.5 feet to the northeast comer of said lot;
Thence N.85°48'19"W., along the south line of a ten foot wide alley, 150.24 feet;
Thence N.4°l 1'41 "E., 10 feet to The TRUE PLACE OF BEGINNING.
Containing 8018 square feet and being subject to ail easements of record.
DESCRIPTION OF PART OF RIDDLE STREET TO BE VACATED
Being a part of Kirby's Subdivision as shown in Plat Book 3, Page 35 and part of Kirby's
Subdivision replatted in Plat Book 4, Page 57 of the Clark County, Indiana records and being further
described as follows:
Beginning at the northwest comer of Lot 1 in said Kirby's Subdivision, being the southeast
intersection of Riddle and Spring Streets in said City; Thence S.85°48'19"E., along the south Right-of-
Way line of said Riddle Street, 743.57 feet to The TRUE PLACE OF BEGINNING:
Thence N.4°l 1'41"E., 40 feet to the north Right-of-Way line of said Riddle Street;
Thence S.85°48'19"E., along said Right-of-Way line, 320 feet to the northwest intersection of
Pennsylvania Avenue with said Riddle Street;
Thence S.14°14'30"E., along the western Right-of-Way line of said Pennsylvania Avenue, 42.16
feet to the southwest intersection of said Streets;
Thence N.85°48'lg"w., along the south Right-of-Way line of said Riddle Street, 333.33 feet to
the TRUE PLACE OF BEGINNING.
Containing 13,067 square feet, and being subject to all easements of record.
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