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County Commissioner Ordinance - April 1994:.i .. � �� 5�- � ORDINANCE TO VACATE PORTIONS OF PUBLIC ROADS CONIMONLY KNOWN AS COUNTY ROAD 1005. COUNTY ROAD 1255 AND COUNTY ROAD 825E BE ZT ORDAINED by the Board of Commissioners of Gibson County, Zndiana, as follows, to-wit: Section 1. That a sworn Petition was presented to the Board of Commissioners of Gibson County, Indiana, requesting that a portion of public roads commonly known as County Road 1005, County Road 1255 and County Road 825E, drawing attached hereto, be vacated by the Gibson County Commissioners. Section 2. That after due and proper notice, a timely public hearing was convened by the Board of Commissioners, at which time all interested persons were permitted to address the Board of Commissioners regarding said vacation. Section 3. That the Board of Commissioners.of Gibson,County, Indiana, after due investigation and consideration has determined that the nature and extent of the public use and public'interest to be subserved is such as to warrant the vacation of that part o� public roads commonly known as County Road 1005, Courity Rbad 1255 and County Road 825E3 described as follows and further indicated by the words "To Be Vacated" on the drawing hereto attached, which is hereby made a part of this Ordinance, to-wit: All of County Road 1005 in the East Half of Section 16, all of County Road 1005 in the East Half of the West Half of Section 16, all of County Road 1255 in the East Half of Section 16 and all of County Road 825E in the East Half of Section 16. Therefore, the Board of Commissioners of Gibson County, Indiana, does hereby find the above-described public roadway is no longer required for public use and the public interest will be served by such vacation, and the Board of Commissioners of Gibson County, Indiana, does hereby vacate that portion of the public roadway described above. Section 4. The County Commissioners shall furnish a copy of this Ordinance to the Gibson County Recorder for recording and to the County Auditor. Section 5. This Ordinance shall be in fu11 force and effect immediately upon its adoption by the Board of Commissioners of Gibson County. ��a Passed in an open meeting of this Hoard of Commissioners of Gibson County, Zndiana, this 4th day of April, 1994. �a � o�,J f C'�� � Presiding Officer ATTEST: ,L�I- a ru-,r� s (.LU. /L �J � 9 This instrument prepared by Brian K. Carroll of the firm of Johnson, Carroll and Griffith, P.C., Attorneys, Evansville, Indiana (#60)(7155R) .� , STATE OF INDIANA COUNTY OF GIBSON 0 3,,� 9� D � ���a� ) SS: ) BEFORE THE BOARD OF COMMISSIONERS OF GIBSON COUNTY, INDZANA IN THE MATTER OF THE PETZTION ) FOR VACATION OF A PORTION OF ) PUBLIC RIGHTS-OF-WAY, COMPIONLY ) KNOWN AS COUNTY ROAD 1005, COUNTY ) ROAD 1255, AND COUNTY ROAD 825E ) P E T I T I O N TO THE HONORABLE BOARD OF COMMISSIONERS OF GIBSON COUNTY� INDIANA The Petitioner, Blac;c Beauty Coa1 Company, an Indiana GeneFal Partnershio, to youc Honorable Board represents as follows: � 1. That said Petitioner, Black Beauty Coal Company, is an Indiana General Partnershio, with otincipal offices located at 414 S. Fa*es Avenue, Evansville, Indiana. 2. That said Petitioner, Black Beauty Coal Company, is the owner of certain real estate located in Gibson County, which real estate is adjacent to said rights-of-way to be vacated. 3. That the Petitione- respectfully petitions that the Board of Commissioners of Gibson County, Zndiana, proceed as authorized by law to vacate a portion of said public rights-o£-way located in Gibson County, Indiana, more particularly described as follows, to-wit: All of County Road 100S in the �ast Half of Section 16, all of County Road 1005 in the East Half of the West Half of Section 16, all of County Road 1255 in the East Half of Section 16 and all of County Road 825E in the East Half of Section 16. 4. The name and address of all owners of land that abut the property proposed to be vacated are as follows: Black Beauty Coal Company 415 Fares Avenue Evansville, Indiana 477 -. ��� David Bailey P.O. Box 252 Francisco, Zndiana 47649 Verlie Harvey P.O. Box 12 Princeton, IN 47670 5. That the petitioner is the only property owner actually using said portion of said rights-of-way to be vacated, and that all other property owners in the area either are not using said rights-of-way to be vacated for ingress and egress to thei_r property and/or have alternate access. 6. That the petitioner has future plans for their"presently owned real estate which plans may require the use of portions of said rights-of-way to be vacated with their use of lands presently owned, and petitioner cannot properly formulate their future plans for use of said land until said rights-of-way are vacated. , 7. That the vacation of said rig�ts-of-way would be of benefit to the community in that improvements made by petitioner in the area will increase property tax valuation of tne County, ' S. That the general location of vacated is shown upon and highlighted hereto and made a part hereof. said rights-of-way to be on Exhibit "A", attached WHEREFORE, petitioner respectfully orays that the Board of Commissioners of Gibson County, Zndiana, take all necessary steps to properly vacate said public rights-of-way in the manner as by law now provided. STATE OF ZNDIANA COUNTY OF VANDERBURGH ) ) SS: ) BLACK BEAUTY COAL COMPANY / ay : � ��/��5j �hl� Michael H. 0'Donnell Director of Reserve Acquisition Before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within Director of Reserve Acquisition named Michael H. o'Donnell , known to me to be the PrIC�s7C.�� of ' Black Beauty Coal Company, an Indiana General Partnership, who, as � r+ I such officer, acknowledged the execution of the foregoing Petition for Vacation of Rights-of-Way as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. WITNESS, my hand and Notarial Seal, this 18ch day of March, 1994. , �. My Ccmmis�ion Eapires: i December 2, 1996 � . /� ./ .ia-��i�+ �� L. Diane Goebel , NOtOLy Pllb1iC County of Residence: _[�arrick 0 .� This instrument prepared by Brian K. Carroll of the firm of Johnson, Carroll and Griffith, P.C., Attorneys, Evansville, Indiana (#60)(7155R) , .. .NTER TWP. — SOUTHEAST � ? SCALEOFMILES �? � ��p ^' a aasan courm, nmu�u rss • Rcw � 0 660 1320 7980 26{0 SCALE OF FEET 5280 s� s` J C£NTER Tf�P. NORTHEA3T SEE PAGE 2i 804537-68Y C��f{�p nyp. NORTXEpST � Garn � � �sa Lir �y � t 5.8 I � �� �Y �` 'T �R � � I AC I 80 AC Ke�etlt �Resave � � w Inc �a m � Te: �8� � � I Reaerve t � 5 i � 80 A ; . . � 35.7 AC Co. 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