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HomeMy WebLinkAbout2006-OR-03 ORDINANCE NO. 2006-OR-3 This matter having come before thc Jeffersonville City Council on the petition of Wyandot, Inc., the owners of the adjacent property for the vacation of a portion of pennsylvania Avenue, more specifically described as follows and~gtflighted in the survey a~ached hereto as ~: Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62~ now in the CiO/of Jeffersonville, Cla~k County, Indiana, and being further described as follows: Begimaing at a "Mag" nail on the northwest intersection of New Peacely Street and said Penasylvania Avenue; Thence N- 14058, iff' W,, along the west li~e of said Avenue, 204.32 feet 1o a ~Mag" nail on the northwest intersection of said pennsylvania Avenue and the north line of the original Peaeely Street (vacated); Thence S. 84°04'l l" E., along fine north end of said PennSylvania Avenue, 32.33 feet to a drill hole in concrete on We northeast comer of tiao end of said Avenue, being the west Right-of-Way line of the former Conrail (and P.C.C. & St, L.) Railroad Spur Track; Thence along said west Right- of-Way line, also berg the eas~ Right-of-Way line of said Pennsylvania Avenue, 192-9 feel along the arc of a 7609.5 fbot radius curve to the fight (concave westerly) being sub~'ended by a chord beating S. 15°13'15" E., 192.9 feet to a steel pin; Thence S 75~ [4'10" W., 31.05 feet to TIIE TRUE PLACE OF BEGINNING, Containing 6158 square feet and being subject to all easements of record. And the City Council being fully adx4sed in the premises mhd having heard the comments of counsel, it is hereby ORDAINED as follows: 1. That portion of Pennsylvania Avenue more par'deularly described above and outlined in thc survey attached hereto as E~xhibit A is vacated. 2. Thc property shall be deemed to be zoned as surrounding ~'egg'Y W~t~'r~ Cle~-Treasurer W~,~0:F/235:4,1756:1 :J£FFERSONVH-I-E 01/19/2006 09:~2 FAX __ ~003 t_0f 22 LO¥ Zl BZA,VK£~'BEKER & ZON' PE[I'£ION FOR'rilE VACATION OF A crrY ROAD 1. wHEP~AS, Wyandot, fnc. ow~ a parcel of property located at 125 Pcaccly Street, Jeffcrsonvil[e, Indiau~, and more speci~cally described below: Being a part of Kirby's Addition as shova~ in Plat Book 3 page it5, part of the Original Town of C]aysburg as shown in Plat Book 4 Page 52, and a part of Surv~, #8, ali in the City of lef~'crson¥ille, Clark County, Indiana, and beIng fulther described as follows: Beginning at the north comer of said Survey #8, the west comer of Survey #9 and in the linc of Survey #~9; Thence southeastwardly, along thc linc dividing Surveys #8 and #9, 2377.5 feet, mom or less, to the ccnmrlinc of Hamburg Pike; Thence S. 39°10'W-, along said centeslin¢, 282.74 feet to the eastern P. ight-of- Way line of formerly thc Conrail railroad spur tract; o , - along said P. ight-of-Wayline36.$3fccttoastcclpin, F ] L E D Thence S. 16 02 50 E., THE TRUE PLACE O1~ BEGINNING. JAN ! 0 200~ Tl~nce co~linuing $. 16°02'50''E-, (Basis of Bearinls), along said Right-of-Way  li~¢, 1,591.13 feet to a fence post! . , t asteel in' ' °51'25"E, alon sa~dRight-of-Waylme, 196.61 feet o, p , ence S. 36 ' g · i ' ~0~'-(~n¢¢ S. ??°43' 11' W-, along sad Right-of-Way line, 70 feet to a steel p ri Thence S. 16°02'50" E., alollg said Right-of-Way line, 57.3g feet to a chill hole; Thence 193.93 feet along said Right-of-Way linc, being the ara of a curve to the light, concave westerly (radius = 7669,5 f¢~t) having ' chord bearing and distance ors. 15°13'19" E., I93.92 feet to a steel pin; Thence S. 75°01'50" W., 60 feet to a steel pin in the western Right.of-Way line of said railroad; Thence 192.9 feet along said western Right-of-Way line, being the arc of a curve to the left, concave westerly, (radius = 7609.5 feet) having a chord veering and distance of N. 15° 13' 15" W., 192.9 feet to a railroad spike; Thence lq. $4e04'll"~V., 32.33 feet to a steel pin on thc western Right-of-Way line of Pennsylvauia Avenue; Thence S. 14=5g' 10"E., along said Right-of-Way line, 204.32 f~et to a railroad spike on the nolxhem Right-of-Way line of New Peacely Street; ThenCe Iq. 83°52'33''W., along said Right-of-Way line 405.59 feet to a steel pin on the western Right-of-Way line of Green Street; Thence S. 6°l 2'44"W., along said Right-of-Way linc, 183.94 feet to a raikoacl spike on the northeast comer of a iract of land described in Deed Drawer 10, Instrument 4160 of said coUnty records; Thence N. $4°Ig'43'uN., along the north line of said tract, 1 $3.53 feet to a steel pin in the eastern Right-of-Way line oflqorth Locust place (formerly a 20 foot wide alley); Thence N. ?°42'19"E., along said Right-of-Way line 334.1 feet to a railroad spike; W3339'3437:44';~ ~FFFEI~ON¥1LL~ FAX ~004 Thence lq. 5°5a'06'~., 40 fo~ to a railroad spike on the no~thcm Right-of-Way linc of Peaccly Street; Ti~umc* lq. $4°05'54'W~'., along said Right-of-Way line, 68.03 feet to a st*el pin; Tic*ace N. 8°45'12'' E., 301.26 fcct to a steel pine on the no~chem line of Lot 14 of said Kirby's Addition; Tlxencc S. 71 o 53' 1 $"W., along said northern li~e, 22.15 feet to a steel pin; Throe* S. 8~40'08"W., 60.42 feet to a st,el pin; Thence N. 82'25'22"W., 131.46 feet to a steel pin on thc eastern Right-of-Way line of Hamb~g Pike; Thence N. 8°40'05"E-, along said Right-of-Way linc, 273.37 feet to ma iron pipe; Th,ncc N. 72°47'59''E., 490.43 feet to an iron pipe on the western Right-of-Way line or said former Conrail spur tract; Thence N. 16°12'50''W., along said w,stera linc, 1007.06 feet to a steel pin on tho southern Right-of-Way linc of said Hamburg Pike; Th,nee N. _4 46 38 E., along said Right-of-Way linc 76.83 feet to a st,el pin; Thence N. 39°10'E., along said Right-of-Way line, 11.89 feet to THE TRUE PLACE OF BEGiNNiNG. Containing 13.865 acres and being subject to all easements of record. EXCEPTING THEREFROM: The 0.675 acre ~ract of land described in Deed Drawer 10, rmstmment 829 of said comaty records. Contai~ng after said exception 13.19 acres, 2. WHEREAS, thc property described below consists of a city easement , . o * below and hi Ii ~ted in the survey approximately ~0.5 feet wide by 200 feet long, described gh gl attached hereto as Exhibit A; 3. WHEREAS, Wyandot, Inc. owns thc real estate on both the cast and west sides of thc easement which is to be vacated and will be the recipient of the vacated real estate; 4. WHEREAS, the approximately.14 acres of real estate will, once vacated, bc subject to taxation by the city; 5, WHEREAS, the vacat/on of thc easement would not injure the public health, or n totals of the community' safety , W~9:3,~7:4a':85:I ..JF.g~.RSONVILI~ 6. WHEKEAS, the vacation of the easement would not m any mannm- block access to any churcl~ school, or public facilily, and would not impede fl~e access of any property by police, fmc, or emergency units. 7. WI4_.BF,.EAS, the best use of the property would be a continuation of its currmt use by Wy:mdot, Inc. Thc description of the property is as follows: Being a part of Pennsylvarfia Avenue (fom~erly Ivest Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62, now in ~e City of Jeffersou'~lle, Clark Cotmty, Indiana, and being further described as follows: Beginnlng at a "Mag" nail on the northwest intersection of New Peacely Street and said pennsylvania Avenue; Th~ncc N. 14~55' 10" W., along the west line of said Avenue, 204 32 feet to a"Mag" nail on the northwest intersection of said · . . _~ .,A -^..~ ,,~e of the oricqnal Peaccly Street (vacated); pennsylvania ^veuue ~mu mu ~,,~, -,, Tbeuce $. g4°04' 11" B., aion~ tllc no~h ~ud of said pe,~,~ylvarfia Aven~le, 32.33 feet to a dmill Hole in concrete on the northeast comer of the end of said Avenue, b~q~.~ thc west Ki,~at-of-ivay line of the foralcr Cormail (and ?,C.C. & St. Kailroad Spur Track; Thence along said west Kight-of-ivay line, also b~ng east Right-of-Way line of said pennsylvania Avenue, 192.9 feet along the arc of a 7609.~ foot ra~us curve to the right (concave wcstcrlY) bcing sabt~nd~l by chord beadng S. I $~ 13' 15" B., 192.9 fe~t to a steel pin; Thence S 7~ol 4' 10" IV., 31.05 feet to THB TKUB PLACB OF BB~~IRrlNG. Coll.,raining 61 $8 sqm~re feet and being ~ubj~ct to all eascrneuts of record. WHEREAS, it is in the best interest of J cffersonvillc to grant the petition set forth above; 10. WHEKEAS, the names and addresses of the abutt'Mg propcrry owners are ~s follows: ~12/2006 15:02 F.,~. Wyandot, 1nc. Key Nos. 021-42-0130, 021.42-0120, 021.42- 0320, 021-42-0350 City of Jef~:~rsonville yeffersonv~lle~ IN 47130 Key No. 0Z0-23-0080 Scrvc: Robert L. Waiz, ~fr. Mayor CRy-Cottony Building S01 East Court Avenue loffcrsonville, iN 47130 and Ron Grooms President, .[effersonvillc City Council 3104 Autm~m Green Way Jeffersonvfllc, IN 47130 Hughes Development, LLC 6200 E, Hwy. 62, #100 ~'effersonville, IN 47130 Key No. 021-42-0140 United States of America Person in Charge Uxfi. tcd States Census Bureau 1201 Eas~ 10th Sweet leffersonville, IN 47130 and c/o United States Attorney General 5137 Robert F, Kennedy Btfilding 10' Street & Constitution Avenae NW Washington, D.C. 20530 and eYo Susan W. BxookS United States A~tomey 10 West iv~arket Street, Suite 2100 Indianapolis, IN 4620~-304g NOW, THEREFORE, it is requested, pursuant to the provisions set forth in I.e. § 36~7-3- 12, that the Jeffersonville City Council vacate the road described above and illustrated in Exhibit A_ as l-2 Zoned property. Dated this 10th day of January, 2006. Allen L. Morris STITES & HAP, BISON, PLLC 323 East Cour~ Avenue Jeff~sonville, IN 47130 Telephone: (812) 2B2-7566 COUNSEL FOR WYAlqDOT, INC. FA]: LEGALNOTICE TAKE NOTICE that on the 23rd day of January, 2006, at 7:30 p.m., the Jeffersonville City Council will hold a hearing pursuant to the provisions of lC 36-7-3-l 2, concerning the approval ora petition to vacate an easement as zoned I-2 Property abutting property owned by Wyandot, Inc. This hearing ;vill be held in Room 308, located on the third floor of the administrative wing of the City-County Building in leffersonville, Indiana. This petition has been filed by Wyandot, The easement is approximately 30.5 feet wide by 200 feet long, located in city of Jeffersonville, County of Clark, State of Indiana, and more specifically described as follows: Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at a "Mag" nail on the northwest intersection of New Peacely Street and said Pennsylvania Avenue; Thence N. 14°58' I0" W., along the west line of said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said Pennsylvania Avenue and the north line of the original Peacely Street (vacated); Thence S. 84o04, 1 l" E., along the north end of said Pennsylvania Avenue, 32.33 feet to a drill hole in concrete on the northeast comer of the end of said Avenue, being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.) Railroad Spur Track; Thence along said west Right-of-Way line. also being the east Right-of-Way line of said pennsylvania Avenue, 192.9 feet along the arc ora 7609.5 foot radius curve to the right (concave westerly) being subtended by a chord bearing S. 15 o l 3'15" E., 192.9 feet to a steel pin; Thence S 75 ° 14't 0" W., 31.05 feet to THE TRUE PLACE OF BEGINNING. Containing 6158 square feet and being subject to all easements o f record. All interested citizens are invited to come and comment upon the proposed vacation. If the petition to vacate is approved, an Ordinance will be passed vacating said easement as zoned [-2 property. Peggy Wilder, Clerk-Treasurer City o f Jeffersonville 44594:1 :JEFFERSONVILLE G3445:9118:37595:I :J EFFER$ONV I LLE 01/1~/~006 1~:01 FAX ~001 STI rES., HARBISON P=c FAX TRANSMISSION ~No tlc,e o~' Cpnfidentialitv Thi~ Communication is Directed Solely To The Addressee And May Contain Confidential or Legally Privileged Information If You Are Not The Addr.,eSsee Indicated Below: Do ~tot read the following pages Do not retain, copy, distribute or disscmlnale the following pages PleaZe call the sender lmmedia~ly (~olle~ If nec,ssary) and return the original and all copies to the ahoy* addrcsse~ (we will reimburs~ NEITHER THE TRANSMISSION OF THE ATTACHED PAGES NOR ANY ERROR IN TRANSMISSION OR M'ISDELIVERY SHALL CONSTITUTE WAIVER OF ANY APPLICABLE LEGAL PRIVILEGE DATE: January 12, 2006 TO: NAME: Clcrk-Treasur,r - City of Jeffersonvitle FAX NO.: PHONE NO.: 285-6426 NUMBER OF PAGES (INCLUDING COVER PAGE): 7 IF AI,L PAGES ARE NOT RECEW'ED, ARE ILLEGIBLE OR ARE RECEIVI~D IN ERROR, PLEASE CALL S12-218-1711 AS SOON AS POSSIBLE FROM: Allen L. Morals C/M CODE: W3339/9238 TRANSMITTED BY: Deb Goodanan DATE: JANUARY 12, 2006 TIME: .1;~9 P.M. MESSAGE: ~oo~ Form for City Co~ln¢il Az~mh~ Spencer Harmon Petition for Vacation of City Eoad on behalf of ~yandoc, Phonc Nti1335er: 812-282-7566 you plait Io nltcad: .lanuary 23, 2006 Copy Ol'Rcsoltllkm or G'rtihlanoa or ,~ny oihor in fort n,'tl'ioa parlaiaing to PETITION FOR THE VACATION OF A CITY ROAD 1. WHEREAS, Wyandot. [nc. owns a parcel of property located at 125 Peacely Street, Seffersonville. Indiana, and more specifically described below: Being a part of Kirby's Addition as shown in Plat Book 3 Page 45, part of the Original Town of Claysburg as shown in Plat Book 4 Page 62, and a part of Survey #8, alt in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at the north comer of said Survey #8, the west comer of Survey #9 and in the line of Survey #19; Thence southeastwardly, along the line dividing Su~eys #8 and #9, 2377.5 feet, more or less, to the centerline of Hamburg Pike; Thence S. 39° 10'W., along said centerline, 282.74 feet to the eastern Right-of- Way line of formerI~ the Conrail railroad spur tract; Thence S. 16°02'50''E., along said Right-of-Way line 36.53 feet to a steel pin, THE TRUE PLACE OF BEGINNING. Thence continuing S. 16°02'50''E., (Basis of Bearings), along said Right-of-Way line, 159[.13 feet to a fence post; Thence S. 36°51'25''E-, along said Right-of-Way line, 196.6l feet to a steel pin; Thence S. 77o43, 1 l" W., along said Right-of-Way line, 70 feet to a steel pin; Thence S. 16o02'50" E., along said Right-of-Way line, 57.38 feet to a drill hole; Thertce 193.93 feet along said Right-of-Way line, being the arc ora curve to the right, concave westerly (radius = 7669.5 feet) having a chord bearing and distance orS. 15°13'19" E., 193.92 feet to a steel pin; Thence S. 75°01'50' W., 60 feet to a steel pin in the western Right-of-Way line of said railroad; Thence 192.9 feet along said western Right-of-Way line, being the arc ora curve to the left, concave westerly, (radius = 7609.5 feet) having a chord veering and distance of N. 15°13' 15" W., 192.9 feet to a railroad spike; Thence N. 84o04' 11"W., 32.33 feet to a steel pin on the western Right-of-Way line of Pennsylvania Avenue; Thence S. 14°58' 10"E, along said Right-of-Way line, 204.32 feet to a railroad spike on the northern Right-of-Way line of New Peacely Street; Thence N. 83°52'33''W., along said Right-of-Way line 405.59 feet to a steel pin on the western Right-of-Way line o f Green Street; Thence S. 6°12'44''W., along said Right-of-Way line, 183.94 feet to a railroad spike on the northeast comer of a tract of land described in Deed Drawer l 0, Instrument 4160 of said county records; Thence N. 84°18'43''W' along the north line of said tract, 183.53 feet to a steel pin in the eastern Right-of-Way line of North Locust Place (fon¥terly a 20 foot wide alley); Thence N. 7042, 19"E., along said Right-of'-Way line 334. l feet to a railroad spike; W3339:3437:44555:1 :.IEFFERSON VILLE Thence N. 5°54'06"E.. 40 feet to a railroad spike on the northern Right-of-Way line of Peacely Street; Thence N. 84°05'54"W-, along said Right-of-Way line. 68.03 feet to a steel pin; Thence N. 8°45'12" E., 301.26 feet to a steel pine on the northern line of Lot 14 o f said Kirby's Addition; Thence S. 7l°53, 18"W., along said northern line, 22. t5 feet to a steel pin; Thence S. 8°40'08"W., 60.42 feet to a steel pin; Thence N. 82°25'22"W., 131.46 feet to a steel pin on the easte~ Right-of-Way line of Hamburg Pike; Thence N. 8°40'08"E., along said Right-of-Way line, 273.37 feet to an iron pipe; Thence N. 72°47'59"E., 490.43 feet to an iron pipe on the ~vestem Right-of-Way line of said former Conrail spur tract; Thence N. 16° [2'50"W., along said western line, 1007.06 feet to a steel pin on the southern Right-of-Way line of said Hamburg Pike; Thence N. 24°46'38"E., along said Right-of-Way line 76.83 feet to a steel pin; Thence N. 39°10'E., along said Right-of-Way line, l 1.89 feet to THE TRUE PLACE OF BEGINNING. Containing 13.865 acres and being subject to all easements of record. EXCEPTING THEREFROM: The 0.675 acre tract of land described in Deed Drawer 10, Instrument 829 of said county records. Containing after said exception 13.19 acres. 2. WHEREAS, the property described below consists of a city easement approximately 30.5 feet Wide by 200 feet long, described below and highlighted in the survey attached hereto as Exhibit A; 3. WHEREAS, Wyandot, Inc. owns the real estate on both the east and west sides of the easement which is to be vacated and ~vill be the recipient of the xracated real estate; 4. WHEREAS, the approximately. 14 acres of real estate will, once Vac~tted, be subject to taxation by the city; 5. WHEREAS, the vacation of the easement would not injure the public health, safety, or morals of the community; W3339:3437:44585:1 :JEFFERSONVIL. LE 6. WHEREAS, the vacation of the easement would not in any manner block access to any church, sclxool, or public facility, and would not impede the access of any property by police, fire, or emergency units. 7. WHEREAS, the best use of the property would be a continuation of its current use by Wyandot, Inc. 8. The description of the property is as follows: above; Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville, Clark County, indiana, and being further described as follows: Beginning at a "Mag" nail on the northwest intersection of New Peacely Street and said Pennsylvania Avenue; Thence N. 14058, 10" W., along the west tine of said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said Pennsylvania Avenue and the north line of the original Peacely Street (vacated); Thence S. 84004, 1 l" E., along the north end of said Pennsylvania Avenue, 32.33 feet to a drill hole in concrete on the northeast comer of the end of said Avenue, being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.) Railroad Spur Track; Thence along said west Right-of-Way line, also being the east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc ora 7609.5 foot radius curve to the right (concave westerly) being subtended by a chord bearing S. l 5° 13' t 5" E., 192.9 ~'eet to a steel pin; Thence S 75° 14' 10" W., 31.05 feet to THE TRUE PLACE OF BEGINNING. Containing 6158 square feet and being subject to all easements of record. WHEREAS, it is in the best interest of Jeffersonville to grant the petition set forth 10. follo~vs: WHEREAS, the names and addresses of the abutting property owners are as W3339:3437:44585:1 :JEFFERSONVILLE Wyandot, Inc. Key Nos. 021-42-0130,021-42-0120,021-42- 0320,021-42-0350 City o f Jeffersonville Jeffersonville, IN 47130 ? Key No. 0_0-2-~-0080 Serve: Robert L. Waiz, Jr. Mayor City-County Building 501 East Court Avenue Jeffersonville, IN 47130 and Ron Grooms President, Jeffersonville City Council 3104 Autumn Green Way Jeffersonville, IN 47130 Hughes Development, LLC 6200 E. Hwy. 62, #100 Jeffersonville, IN 47t30 Key No. 021-42-0140 United States of America Serve: Person in Charge United States Census Bureau 1201 East 10th Street Jeffersonville, IN 47130 and c/o United States Attomey General 5137 Robert F. Kennedy Building l0th Street & Constitution Avenue NW Washington, D.C. 20530 and c/o Susan W. Brooks United States Attorney 10 West Market Street, Suite 2100 ][ndianapolis, IN 46204-3048 NOW, THEREFORE, it is requested, pursuant to the provisions set forth in I.C. § 36-7-3- 12, that the Jeffersonville City Council vacat~ the road described above and illustrated in Exhibit A as ][-2 Zoned property. Dated this 10th day of January, 2006. Allen L. Morris STITES & HAP, BISON, PLLC 323 East Court Avenue Jeffersonville, IN 47130 Telephone: (812) 282-7566 COUNSEL FOR WYANDOT, INC. W3339:3137:44585:1 :JEFFERSONVILLE LEGAL NOTICE TAKE NOTICE that on the 23rd day of January, 2006, at 7:30 p.m., the Jeffersonville City Council will hold a hearing pursuant to the provisions of lC 36-7-3-12, concerning the approval ora petition to vacate an easement as zoned ][-2 property abutting property owned by Wyandot, Inc. This hearing will be held in Room 308, located on the third floor of the administrative wing of the City-County Building in Jeffersonville, Indiana. This petition has been filed by Wyandot, Inc. The easement is approximately 30.5 feet wide by 200 feet long, located in city of Jeffersonville, County of Clark, State of Indiana, and more specifically described as follows: Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at a "Mag" nail on the northwest intersection of New Peacely Street and said Pennsylvania Avenue; Thence N. 14°58, 10" W., along the west line of said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said Pennsylvania Avenue and the north line of the original Peacely Street (vacated); Thence S. 84004, 11" E., along the north end of said Pennsylvania Avenue, 32.33 feet to a dr[Il hole [n concrete on the northeast corner of the end of said Avenue, being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.) Railroad Spur Track; Thence along said west Right-of-Way line, also being the east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc of a 7609.5 foot radius curve to the right (concave westerly) being subtended by a chord bearing S. 15°13'15TM E., 192.9 feet to a steel pin; Thence S 75°14'10" W., 31.05 feet to THE TRUE PLACE OF BEGINNING. Containing 6 l 58 square feet and being subject to all easements of record. All interested citizens are invited to come and comment upon the proposed vacation. If the petition to vacate is approved, an Ordinance will be passed vacating said easement as zoned property. Peggy Wilder, Clerk-Treasurer City of Jeffersonville 44594:1 :JEFFERSONV ILLE G3445:9118:37595:1 :J EFFERSONVILLE ][ PETITION FOR THE VACATION OF A CITY ROAD l. WHEREAS, Wyandot, Inc. owns a parcel of property located at 125 Peacely Street, Jeffersonville, Indiana, and more specifically described below: FILED, JAN O 2006 Being a part of Kirby's Addition as shown in Plat Book 3 Page 45, part of the Original Town of Claysburg as sho~vn in Plat Book 4 Page 62, and a part of Survey #8, all in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at the north comer of said Survey #8, the west comer of Survey #9 and in the line of Survey #19; Thence southeastwardly, along the line dividing Surveys #8 and #9, 2377.5 feet, more or less, to the centerline of Hamburg Pike; Thence S. 39°10'W., along said centerline, 282.74 feet to the eastern Right-of- Way line of formerly the Conrail railroad spur tract; Thence S. 16°02'50"E., along said Right-of-Way line 36.53 feet to a steel pin, THE TRUE PLACE OF BEGINNING. Thence continuing S. t 6002'50''E., (Basis of Bearings), along said Right-of-Way line, 1591.13 feet to a fence post; Thence S. 36°51'25"E., along said Right-of-Way line, 196.61 feet to a steel pin; Thence S. 77°43, 1 I" W., along said Right-of-Way line, 70 feet to a steel pin; Thence S. 16°02'50" E., along said Right-of-Way line, 57.38 feet to a drill hole; Thence 193.93 feet along said Right-of-Way line, being the arc of a curve to the right, concave westerly (radius = 7669.5 feet) having a chord bearing and distance of S. 15°13' 19" E., 193.92 feet to a steel pin; Thence S. 75°01'50" W., 60 feet to a steel pin in the western Right-of-Way line of said railroad; Thence 192.9 feet along said western Right-of-Way line, being the arc o fa curve to the left, concave westerly, (radius = 7609.5 feet) having a chord veering and distance of N. I5°13'15" W., 192.9 feet to a railroad spike; Thence N. 84°04, 1 I"W., 32.33 feet to a steel pin on the western Right-of-Way line of Pennsylvania Avenue; Thence S. 14°58'10"E., along said Right-of-Way line, 204.32 feet to a railroad spike on the northern Right-of-Way line of Ne~v Peacely Street; Thence N. 83°52'33"W., along said Right-of-Way line 405.59 feet to a steel pin on the western Right-of-Way line of Green Street; Thence S. 6°12'44"W., along said Right-of-Way line, t83.94 feet to a railroad spike on the northeast comer of a tract of land described in Deed Drawer 10, Instrument 4160 o f said county records; Thence N. 84°18'43"W., along the north line of said tract, 183.53 feet to a steel pin in the eastern Right-of-Way line of North Locust Place (formerly a 20 foot wide alley); Thence N. 7°42'19"E., along said Right-of-Way line 334.1 feet to a railroad spike; W3339:3437:44585:1 :JEFFERSONVILLE Thence N. 5°54'06'E., 40 feet to a railroad spike on the northern Right-of-Way line of Peacely Street; Thence N. 84°05'54"W., along said Right-of-Way line, 68.03 feet to a steel pin; Thence N. 8°45, 12" E., 301.26 feet to a steel pine on the northern line of Lot 14 of said Kirby's Addition; Thence S. 71°53'18"W., along said northem line, 22.15 feet to a steel pin; Thence S. 8°40'08"W., 60.42 feet to a steel pin; Thence N. 82°25'22"W., 131.46 feet to a steel pin on the eastern Right-of-Way line of Hamburg Pike; Thence N. 8°40'08"E., along said Right-of-Way line, 273.37 feet to an iron pipe; Thence N. 72°47'59"E., 490.43 feet to an iron pipe on the xvestem Right-of-Way line of said former Conrail spur tract; Thence N. 16°12'50'W., along said ~vestem line, 1007.06 feet to a steel pin on the southern Right-of-Way line of said Hamburg Pike; Thence N. 24°46'38"E., along said Right-of-Way line 76.83 feet to a steel pin; Thence N. 39°10'E., along said Right-of-Way line, 11.89 feet to THE TRUE PLACE OF BEGINNING. Containing 13.865 acres and being subject to all easements of record. EXCEPTING THEREFROM: The 0.675 acre tract of land described in Deed Drawer 10, Instrument 829 of said county records. Containing after said exception 13.19 acres. 2. WHEREAS, the property described below consists of a city easement approximately 30.5 feet wide by 200 feet tong, described below and highlighted in the survey attached hereto as Exhibit A; 3. WHEREAS, Wyandot, Inc. owns the real estate on both the east and ;vest sides of the easement ;vhich is to be vacated and will be the recipient of the vacated real estate; 4. WHEREAS, the approximately .14 acres of real estate will, once vacated, be subject to taxation by the city; 5. WHEREAS, the vacation of the easement would not injure the public health, safety, or morals of the community; W3339:3437:44585:1 :JEFFERSONVILLE 6. WHEREAS, the vacation of the easement would not in any manner block access to any church, school, or public facility, and would not impede the access of any property by police, fire, or emergency units. 7. WHEREAS, the best use of the property would be a continuation of its current use by Wyandot, Inc. 8. The description of the property is as follows: above; Being a part of Permsylvania Avenue (formerly West Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at a "Mag" nail on the northwest intersection of New Peacely Street and said Pennsylvania Avenue; Thence N. t4°58'10" W., along the west line of said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said Pennsylvania Avenue and the north line of the original Peacely Street (vacated); Thence S. 84°04'l 1" E., along the north end of said Pennsylvania Avenue, 32.33 feet to a drill hole in concrete on the northeast comer of the end of said Avenue, being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.) Railroad Spur Track; Thence along said west Right-of-Way line, also being the east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc of a 7609.5 foot radius curve to the fight (concave westerly) being subtended by a chord bearing S. 15 °13'15" E., 192.9 feet to a steel pin; Thence S 75° 14'10' W., 31.05 feet to THE TRUE PLACE OF BEGINNING. Containing 6158 square feet and being subject to all easements of record. WHEREAS, it is in the best interest of Jeffersonville to grant the petition set forth 10. follows: WHEREAS, the names and addresses of the abutting property owners are as W3339:3437:44585:1 :J EFFERSONVILLE Wyandot, lnc. Key Nos. 021-42-0130,021-42-0120,021-42- 0320,021-42-0350 City of Jeffersonville Jeffersonville, 1N 47130 Key No. 020-23-0080 Serve: Robert L. Waiz, Jr. Mayor City-County Building 501 East Court Avenue Jeffersonville, 1N 47130 and Ron Grooms President, Jeffersonville City Council 3104 Autumn Green Way Jeffersonville, IN 47130 Hughes Development, LLC 6200 E. Hwy. 62, #100 Jeffersonville, iN 47130 Key No. 021-42-0140 United States of America Serve: Person in Charge United States Census Bureau 1201 East 10th Street Jeffersonville, IN 47130 and c/o United States Attorney General 5137 Robert F. Kennedy Building l0th Street & Constitution Avenue NW Washington, D.C. 20530 and c/o Susan W. Brooks United States Attorney 10 West Market Street, Suite 2100 Indianapolis, IN 46204-3048 NOW, THEREFORE, it is requested, pursuant to the provisions set forth in I.C. § 36-7-3- 12, that the Jef£ersonville City Council vacate the road described above and illustrated in Exhibit A as 1-2 Zoned property. Dated this 10th day of January, 2006. Allen'S. Morris STITES & HARBISON, PLLC 323 East Court Avenue Jeffersonville, IN 47130 Telephone: (812) 282-7566 COUNSEL FOR WYANDOT, 1NC. W3339:3437:44585: I :J EFFERSONVILLE :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: I , ~ ~ I ANO REZ~ ~ s~rzro~s z~c.' ~c ~s~ /u. 47*30 422 YlICS ~Vr~UX ~0. SOX LEGAL NOTICE TAKE NOT[CE that on the 23rd day of January, 2006, at 7:30 p.m., the Jeffersonville City Council will hold a hearing pursuant to the provisions of[C 36-7-3-12, concerning the approval ora petition to vacate an easement as zoned l-2 property abutting property owned by Wyandot, Inc. This hearing will be held in Room 308, located on the third floor of the administrative wing of the City-County Building in Jeffersonville, Indiana. This petition has been filed by Wyandot, Inc. The easement is approximately 30.5 feet wide by 200 feet long, located in city of Jeffersonville, County of Clark, State of Indiana, and more specifically described as follows: Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at a "Mag" nail on the northwest intersection of New Peacely Street and said Pennsylvania Avenue; Thence N. 14058, 10" W., along the west line of said Avenue, 2~)4.32 feet to a "Mag" nail on the northwest intersection of said Permsylvania Avenue and the north line of the original Peacely Street (vacated); Thence S. 84°04'11" E., along the north end of said Pennsylvania Avenue, 32.33 feet to a drill hole in concrete on the northeast comer of the end of said Avenue, being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.) Railroad Spur Track; Thence along said west Right-of-Way line, also being the east Right-of-Way line of said Pennsylvania Avenue, 192.9 feet along the arc of a 7609.5 foot radius curve to the right (concave westerly) being subtended by a chord bearing S. 15013' 15" E., 192.9 feet to a steel pin; Thence S 75°14, 10' W., 31.05 feet to THE TRUE PLACE OF BEGINNING. Containing 6158 square feet and being subject to all easements of record. All interested citizens are invited to come and comment upon the proposed vacation. If the petition to vacate is approved, an Ordinance will be passed vacating said easement as zoned [-2 property. Peggy Wilder, Clerk-Treasurer City of ]'effersonville 44594:1 :JEFFERSONVILLE G3445:9118:37595:1:J EFFERSONVILLE 1 PETITION FOR THE VACATION OF A CITY ROAD WHEREAS, Wyandot, Inc. owns a parcel of property located at 125 Peacely Street, Jeffersonville, Indiana, and more specifically described below: Being a part of Kirby's Addition as shown in Plat Book 3 Page 45, part of the Original Town of Claysburg as shown in Plat Book 4 Page 62, and a part of Survey #8, all in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at the north comer of said Survey #8, the west comer of Survey #9 and in the line of Survey #19; Thence southeastwardly, along the tine dividing Surveys #8 and #9, 2377.5 feet, more or less, to the centerline of Hamburg Pike; Thence S. 39°10'W., along said centerline, 282.74 feet to the eastern Right-of- Way line of formerly the Conrail railroad spur tract; Thence S. 16°02'50"E., along said Right-of-Way line 36.53 feet to a steel pin, THE TRUE PLACE OF BEGINNING. Thence continuing S. 16°02'50"E., (Basis of Bearings), along said Right-of-Way lifqe, 1591.13 feet to a fence post; Thence S. 36°51'25"E., along said Right-of-Way line, 196.61 feet to a steel pin; Thence S. 77°43'11" W., along said Right-of-Way line, 70 feet to a steel pin; Thence S. 16°02'50" E., along said Right-of-Way line, 57.38 feet to a drill hole; Thence 193.93 feet along said Right-of-Way line, being the arc ora curve to the right, concave westerly (radius = 7669.5 feet) having a chord bearing and distance orS. 15°13'19" E., 193.92 feet to a steel pin; Thence S. 75°01'50" W., 60 feet to a steel pin in the western Right-of-Way line of said railroad; Thence 192.9 feet along said western Right-of-Way line, being the arc of a curve to the left, concave westerly, (radius = 7609.5 feet) haVing a chord veering and distance of N. 15013' 15" W., 192.9 feet to a railroad spike; Thence N. 84°04'1 I"W., 32.33 feet to a steel pin on the western Right-of-Way line of Pennsylvania Avenue; Thence S. 14°58, 10"E, along said Right-of-Way line, 204.32 feet to a railroad spike on the northern Right-of-Way line of New Peacely Street; Thence N. 83°52'33"W., along said Right-of-Way line 405.59 feet to a steel pin on the western Right-of-Way line of Green Street; Thence S. 6°12'44"W., along said Right-of-Way line, 183.94 feet to a railroad spike on the northeast comer of a tract of land described in Deed Drawer 10, Instrument 4160 of said county records; Thence N. 84°18'43"W., along the north line of said tract, 183.53 feet to a steel pin in the eastern Right-of-Way line of North Locust Place (formerly a 20 foot wide alley); Thence N. 7°42, 19"E., along said Right-of-Way line 334.1 feet to a railroad spike; W3339:3437:44585:1 :JEFFERSONVILLE WHEREAS, the vacation of the easement would not in any manner block access to any church, school, or public facility, and would not impede the access of any property by police, fire, or emergency units. 7. WHEREAS, the best use of the property ~vould be a continuation of its current use by Wyandot, Inc. 8. The description of the property is as follows: above; Being a part of Pennsylvania Avenue (formerly West Street) in the Original Town of Claysburg as shown in Plat Book 4, Page 62, now in the City of Jeffersonville, Clark County, Indiana, and being further described as follows: Beginning at a "Mag" nail on the northwest intersection of New Peacely Street and said Pennsylvania Avenue; Thence N. 14°58, 10' W., along the west line of said Avenue, 204.32 feet to a "Mag" nail on the northwest intersection of said Pennsylvania Avenue and the north line of the original Peacely Street (vacated); Thence S. 84°04, l l" E., along the north end of said Pennsylvania Avenue, 32.33 feet to a drill hole in concrete on the northeast comer of the end of said Avenue, being the west Right-of-Way line of the former Conrail (and P.C.C. & St. L.) Railroad Spur Track; Thence along said west Right-of-Way line, also being ~he east Right-of-Way line of said Permsylvania Avenue, 192.9 feet along the are of a 7609.5 foot radius curve to the right (concave westerly) being subtended by a chord bearing S. I5°13' 15" E., 192.9 feet to a steel pin; Thence S 75o14, 10" W., 31.05 feet to THE TRUE PLACE OF BEGINNING. Containing 6 l 58 square feet and being subject to all easements of record. WHEREAS, it is in the best interest of Jeffersonville to grant the petition set forth 10. follows: WHEREAS, the names and addresses of the abutting property owners are as W3339:3437:44585:1 :JEFFER.SONVILLE