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HomeMy WebLinkAbout2006-OR-10ORDINANCE NO. 2006-OR-10 ORDINANCE GRANTING PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE WHEREAS, on February 27, 2006, North Port Development Corporation, filed their Petition to Vacate a Portion ofa Pub!ic Way in the City of Jeffersonville, which public way is described as being a public right-of-way located along Middle Road, (the "Property"), with the Jeffersonville Common Council (the "Council"), which petition reads as follows: PETITION TO VACATE A PUBLIC RIGHT-OF-WAY IN THE CITY OF JEFFERSONVILLE; and WHEREAS, notice of a public hearing on the City's Petition to Vacate the Alley was pubhshed in the Evening News on Feb uary 17, 2006; and WHEREAS, notice of a public hearing on the City's Petition to Vacate was mailed by certified mail to each owner of land that abuts the property; and WHEREAS, on February 27, 2006 the Council held a pubhc hearing on the C~ty Petition and made the following findings: 1. The best use of the property would be to vacate it, as it is not needed or used for ingress or egress for any purpose. 2. The vacation of the property as described herein would not injure the public health, safety, welfare or morals of the community. 3. It would be in the best interest of the City Council to grant the City's Petition to vacate the property. NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions of I.C. 36-7-3-12, that the public way described as a right-of-way along Middle Road is hereby vacated and the Clerk-Treasurer is hereby instructed to record a copy of this Ordinance in the office of the Clark County Recorder and deliver a copy of this Ordinance to the Clark County Auditor. This Ordinance shall be in full force and effect from and after its passage and approval. ~/ ~ Dqc~cc h~'~ ) ,,,~ .... Passed this 4~ ~' day of February 2006. Robert L. Waiz, Jr./ Presiding Officer ATTEST: Pegg/yb3/~fder Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of the City of Je£fersonville, Indiana this ~7~'q day of ge, bvua~ 2006 at ~t9 o'clock~_.m. Peg~lder~e~ Clerk-Treasurer This Ordinance approved and signed by me this ~¢day o'clock ~CT~.m. of ~e, bru~ 2006 at Ro r PAUL PRIMAVERA & ASSOCIATES NORTHPORT RIGHT-OF-WAY VACATION The following is a legal description prepared this 31st day of January, 2006, of real property being a part of Survey #14 of the Illinois Grant, Utica Township, Clark County, Indiana, more particularly described as follows: Beginning at the Southwest coruer ora 0.825 acre tract conveyed to Clark County, Indiana, in Deed Drawer 26, Instrument #2174, in the Office of the Recorder of Clark County, Indiana; thence along the lines of said tract as follows: along a curve to the left (said curve having a radius of 532.93 feet, a chord bearing North 140 36~ 57" East, and a chord length of 237.94 feet) a distance of 239.96 feet; thence North 05° 58' 14" East 93.79 feet; thence along a non-tangent curve to the left (said curve having a radius of 547.93 feet, a chord bearing North 21 ° 23' 26" West, and a chord length of 251.7l feet) a distance of 253.97 feet; thence North 20° 29' 41" West 30.18 feet; thence leaving the lines of said tract South 32° 54' 41" East 268.85 feet; thence South 08° 04' 47" East 105.63 feet; thence South 23° 03' 58" West 84.57 feet; thence South 23° 04' 45" West 53.43 feet; thence South 22° 27' 07" West 54146 feet; thence South 23 ° 32' 26" West 54.27 feet; thence South 25° 28' 29" West 10:26 feet to the lines of said tract; thence along said lines South 54° 27' 35" West 33.66 feet to the point of beginning, containing 0.416 Acre, more or less. Being a part of that property conveyed to Clark County, Indiana, described in Deed Drawer 26, Instrument 2174. 301 E. Chestnut Street, RO. Box 123, Corydon, IN 47112 Phone: (812) 738-4124 Fax: (812) 738;6740 e-mail: pprirnavera~prirnavera.win.net BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA PETITION TO VACATE A PUBLIC WAY RIGHT-OF-WAY ALONG MIDDLE ROAD IN THE CITY OF JEFFERSONVILLE Petitioner, North Port Development Corporation, petitions the City Council to vacate a piece of property more specifically described as a right-of-way located along Middle Road situated in Jeffersonville, Clark County, Indiana. In support of this petition, the City states as follows: I. The names and addresses of all owners of land abutting the property are: · North Port Development Corporation, 1900 Liberty Drive, Bloomington, Indiana · City of Jeffersonville, Indiana. 2. That this piece of property is a public owned right-of-way. 3. That this piece of property is a public road being used by the general public. 4. The vacation of the property as described herein would not injure the public health, safety, or morals of the community. 5. It would be in the best interest of the City of Jeffersonville to grant the petition set forth above. WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12, that the City of Jeffersonville vacate the above described property. Leslie D. Merkey City Attorney PAUL PRiMAVERA & ASSOCIATES REC;ISTERED ENGINEERS AND LAND SURVEYORS NORTHPORT RIGHT-OF-WAY VACATION The following is a legal description prepared this 31st day of January, 2006, of real property being a part of Survey #14 of the Illinois Grant, Utica Township, Clark County, Indiana, more particularly described as follows: Beginning at the Southwest comer ora 0.825 acre tract conveyed to Clark County, Indiana, in Deed Drawer 26, Instrument #2174, in the Office of the Recorder of Clark County, Indiana; thence along the lines of said tract as follows: along a curve to the left (said curve having a radius of 532.93 feet, a chord bearing North 14° 36' 57" East, and a chord length of 237.94 feet) a distance of 239.96 feet; thence North 05° 58' 14" East 93.79 feet; thence along a non-tangent curve to the left (said curve having a radius of 54T93 feet, a chord bearing North 21° 23' 26" West, and a chord length of 251.71 feet) a distance of 253.97 feet; thence North 20° 29' 41" West 30.18 feet; thence leaving the lines of said tract South 32° 54' 41" East 268.85 feet; thence South 08° 04' 47" East 105.63 feet; thence South 23° 03' 58" West 84.57 feet; thence South 23° 04' 45" West 53.43 feet; thence South 22° 27' 07" West 54.46 feet; thence South 23° 32' 26" West 54.27 feet; thence South 25° 28' 29" West 10.26 feet to the lines of said tract; thence along said lines South 54° 27' 35" West 33.66 feet to the point of beginning, containing 0.416 Acre, more or less. Being a part of that property conveyed to Clark County, Indiana, described in Deed Drawer 26, Instrument 2174. 301 E. Chestnut Street, P.O. Box 123, Corydon, IN 47112 Phone: (812) 738-4124 Fax: (812) 738-6740 e-mail: pprimavera@primavere,win.net : ,99'¢£ BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA 1N THE MATTER OF THE PETITION OF NORTH PORT DEVELOPMENT CORPORATION TO VACATE A PUBLIC RIGHT-OF-WAY LOCATED ALONG MIDDLE ROAD NOTICE OF ItEARING ON PETITION TO VACATE A PUBLIC RIGHT-OF-WAY IN JEFFERSONVILLE~ INDIANA Notice is hereby given that North Port Development Corporation has filed a Petition with the Jeffersonville City coUncil, Jeffersonville, Indiana asking for the vacation of a public right-of-way located along Middle Road. A public hearing will be held on February 27, 2006 at 7:30 p.m. in the multi- purpose hearing room on the third floor of the City-County Building at 501 E. Court Avenue, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said petition. Leslie D. Merkley City Attorney 4th Floor, City-CoUnty Building 501 E. Court Avenue Jeffersonville, IN 47130 (812) 285-6491 LDM/slk