HomeMy WebLinkAbout2009-OR-64STATE OF INDIANA
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
ORDINANCE NO.
AN ORDINANCE VACATING AN ALLEY
WHEREAS, petitioner, WOIS Properties, LLC (hereinfter "WOIS"), has filed a
petition for the vacation of a portion of an alley on its properties pursuant to the
provisions of Ind. Code § 36-7-3-12 and Ind. Code § 36-7-3-16; and,
WHEREAS, WOIS has further caused a notice of public hearing on such petition
before this Common Council to be 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, having heard all remonstrators and objectors at such public hearing,
this Common Council now finds that the petition filed by WOIS should be granted by the
adoption of this Ordinance.
NOW, THERFORE, BE IT ORDAINED by this Common Council of the City of
Jeffersonville, Indiana, as follows:
1. This Common Council hereby finds with respect to WOIS' petition all of
the following:
a. The proposed vacation will not hinder the growth or orderly
development of the City of Jeffersonville, Indiana.
b. The proposed vacation will not make access to the lands of any
aggrieved person by means of public way difficult or inconvenient.
c. The proposed vacation will not hinder the public's access to a
church, school, or other public building or place.
d. The proposed vacation will not hinder the use of a public way by
the neighborhood in which the alleyway is located or to which they are contiguous.
e. No public utility improvements presently exist within the portion
of the alley for which vacation is proposed, and the proposed vacation will therefore not
deprive any public utility of the use of all or part of the alley hereby vacated.
2. This Common Council hereby grants the petition filed by WOIS, and
further hereby vacates a portion of the alley located between properties located at the
commonly known addresses of 714 Crestview Court, 716 Crestview Court, and 1440 E.
Stn Street, in the City of Jeffersonville, Clark County, Indiana, which area is more
particularly described as follows:
Being a part of a 12 foot wide alley in Read and Zulauf
Subdivision, as shown in Plat Book 3, Page 47 of the Clark
County, Indiana records and being further described as
follows:
Beginning at a steel pin on the eastern most corner of Lot 4
in said Subdivision; Thence N. 38° 43' 36" W., along the
southwestern Right-of--Way line of said alley, 130 feet to
the southwestern Right-of--Way line of East Eighth Street;
Thence N. 50° O1' 23" E., along said Right-of--Way line, 12
feet; Thence S. 38° 43' 36" E., 130 feet; Thence S. 50° 00'
34" W., 12 feet to THE PLACE OF BEGINNING.
Containing 1560 square feet, and being subject to all
easements of record.
2
The surveyor's drawing attached hereto and incorporated herein as Exhibit "A" further
depicts the portion of the alley hereby vacated.
3. Subsequent to the vacation effected by this Ordinance, WOIS shall be the
owner of the entirety of the area hereby vacated as it is the owner of all adjoining
properties, and such vacated real estate shall run with, and be a part of the following
described tract, to-wit:
Being a part of Lot 36, all of Lots 37 and 38, in Crestview
Subdivision, as shown in Plat Book 4, Page 112, and part of
Lot 4, and part of a 12 foot wide alley in Read and Zulauf
Subdivision, as shown in Plat Book 3, Page 47 of the Clark
County, Indiana records and being further described as
follows:
Beginning at a drill hole in concrete on the northern most
corner of said Lot 38; Thence S 40° 02' 20" E., along the
southwestern Right-of--Way line of Crestview Court, 70.23
feet to a drill hole in concrete; Thence S 50° 06' 41" W.,
50.81 feet to a railroad spike; Thence S 39° 06' 25" E., 7
feet to a railroad spike; Thence 5.49° 51' 26" W., 17.64 feet
to a railroad spike; Thence S 11 ° 59' 26" W., 4.61 feet to a
steel pin; Thence S 48°09'23" W., 33.25 feet to a steel pin
on the southwestern line of said Lot 36; Thence S 38° 43'
36" E., along said southwestern line, 47.74 feet to a steel
pin; Thence S 50° 00' 34" W., partially along the northeast
line line of a 10 foot wide alley, (passing through a steel
pin on the eastern most corner of Lot 4 in said Read and
Zulauf subdivision at 13 feet) 17.97 feet to a "MAG" nail
in a fence rail; Thence N 37° 20' 35" W., 53.28 feet to a
steel pin; Thence S 85° 50' 30" W., 8.72 feet to a steel pin;
Thence N 40° 12' 04" W., 71.65 feet to a steel pin on the
southeast Right-of--Way line of East Eighth Street (formerly
Hendricks Avenue); Thence N 50° O1' 23" E., along said
Right-of--Way line, 24.7 feet to the northern most corner of
said Read and Zulauf subdivision; Thence S 38° 43'3 6" E.,
along northeastern line of a 12 foot alley, 1.09 feet to the
western most corner of said Crestview Subdivision; Thence
N 50° 02' 11" E., along a northwestern Right-of--Way line
of said East Eighth Street, 104.58 feet to THE PLACE OF
BEGINNING.
3
Containing 10,571 square feet, and being subject to all
easements of record.
This Ordinance promulgated and adopted this ~ f-~ day of
~~ c~ n i,: ~ , 20 / ~' ,and shall be of full force and effect as of the
date of its passage.
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
By:
Attested by:
Peggy 1 r, Clerk-Treasurer
4
CERTIFICATE OF PRESENTATION TO THE MAYOR
The undersigned hereby certifies that on the ~ ~h day of
c'~. Y1l) a`('\L , 20 L~~ ,the above Ordinance was presented by me, as the
duly elected ClerkTreasurer of the City of Jeffersonville, Indiana, to the Mayor of the
City of Jeffersonville, Indiana.
Pe ilder, Clerk-Treasurer
APPROVAL BY THE MAYOR
The undersigned, as the duly elected and serving Mayor of the City of
Jeffersonville, Indiana, hereby approves the above Ordinance as authorized by the
provisions of Ind. Code § 36-4-6-16 as of this ll~' day of
20 /1~ ,and as evidenced by my signature affixed below.
../(~`~ ~
OMAS R. GALLI G ,Mayor
of the City of Jefferson ,Indiana
Attested by:
Peg 'lder, Clerk-Treasurer
5
NLEGENDN
DENOTES IRON PIPE FOUND PER PLAT / INSET \ \ ~°~~
DENOTES STEEL PIN FOUND, ORIGIN UNKNOWN /
DENOTES 5/8""x24" STEEL PIN W/ CAP SET
DENOTES STEEL PIN FOUND, PER A SURVEY 1 '~
BY THIS COMPANY /N DECEMBER OF 2000 `,,° ~
- x -DENOTES FENCE ~ ~
DENOTES DRILL HOLE FOUND SET/N CONCRETE
o DENOTES FENCE CORNER / 0 50 100
~ DENOTES RAILROAD SPIKE SET
DENOTES MAG NA/L SET /N FENCE RAIL ~
EAST 8TH STREET R/W 1/AR/ES
(FORMERLY H RICKS AVENUE) ~~ INSEf \ (105.5 PLAT)
,., N 50' " E ~ ~ !o, N 50'02'11 " E
~,~ carQ.~ o J
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1~1®
,~,A e.
54.
LOT 3
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N 50'21 21 " E
127.47'
n
°I swim, m~der fLe peadties ofperjnry, flat I
Lave taken reasaareble cart to redact eacL Sodsl
Seeority nmuLer is tLb doemneat ®lese regaLc
by Lnr." Name: David R Blao)renbeker
SURVEY AND DRAWING OF LO7S 36, 37, AND 38 /N CRESTVIEW SUBD/V7S/ON AS SHOWN /N PLAT BOOK #4,
PAGE 112 AND LOTS 3 AND 4 /N BLOCK 3 /N READ AND ZULAUF SUBD/V/S/ON AS SHOWN /N PLAT BOOK 3,
PAGE 47 OF THE CLARK COUNTY, lND/ANA RECORDS AND BEING SITUATED AT 714, AND 716 CRESTVIEW AND
1440 EAST 8TH STREET, JEFFERSONV/LLE.
Notes:
(1) Title examination may reveal other easements and/or Rights of ways not shown hereon.
f7oodways, wetlands, environmental issues, zoning regulations, and other items
which may encumber this property were not included /n the scope of this survey.
(2) ground, uun/ess otherwise notedn 0.3 feet of flush with the surface of the \\\`\~~~~ ~8 L A~N'~~ r~i////
(3) Basis of bearings: Prior surveys. ~ ~0;:~' Ec~srERF''~.;I'~ ~~
1, David R. Bfankenbeker, hereby declare that l hove surveyed the tract of land . o = N4 800011 •
shown above and that this survey was executed according to the requirements = -
of Title 865, I:A.C. 1-1 through 29 to th s o knowledge, in otion, nd = STATE OF
belief, and that the field work was c ,, plefed on ~ ~ •~'•• / p,:;.
~ v~W~ ®zoos e~~a."w~a a "ewe. e}ror No. 9 1 Dote ///~~~1/llsj U~R~1~1\\~\\\\
Land 9irw)wa Ma, P.Q M
BLArVlf~'NBEKER & SON OWNIs'R.• WO/S PROPERTIES
LAND SURIfi'I?7RS INC., P. C. % JOHN WOLPERT
426 .~EIGS AYENUIt' P. O. BOX 159' 48 ARCTIC SPRINGS. ,
Jc~'FFERSONPILLE, INBIANA 49'131-0157 JEfFERSONVILL~ lN. '47130
TELL'PfIONE 812 282-4189 FAX 812 282-4197
A'lYTP.BLANXENBEflERANDSON.NET PAGE 1 OF 2 "`
DRAWN BY D.R.B. SCALE.• 1 "= 50 FEET DATL:• 8 SEPTEMBER 2009 JOB No. 19,898
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LOT 42
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LINE BEARING DISTANCE
L1 N 48'09'23" E 33.25'
L2 N 11'59'26" E 4.61'
L3 N 49'51 26" E 17.64'
L4 N 39'06'25" W 7'
L5 N 85'50'30" E 8.72'
L6 S 38'43'36" E 1.09'
STATE OF INDIANA
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
1N RE THE PETITION TO VACATE A
PORTION OF AN ALLEY LOCATED
BETWEEN LOT 4, BLOCK 3, IN READ
AND ZULAUF SUBDIVISION, AND LOTS
36, 37, AND 38, IN CRESTVIEW
SUBDIVISION, iN THE CITY OF
JEFFERSONVILLE, CLARK COUNTY,
INDIANA,
WOIS PROPERTIES, LLC, Petitioner.
,~~9~0 91p~g
~~~
1~ NOV
PETITION TO VACATE A PORTION OF AN ALLEY
Comes now petitioner, WOIS Properties, LLC, by counsel, and for its petition states as
follows:
1. Petitioner, WOIS Properties, LLC (hereinafter "WOIS"), owns certain real
property located at the commonly known addresses of 714 Crestview Court, 716 Crestview
Court, and 1440 E. 8th Street, in the City of Jeffersonville, Clark County, Indiana (collectively
the "WOIS Property")
2. Pursuant to the provisions of Ind. Code § 36-7-3-12 and Ind. Code § 36-7-3-16, WOIS
seeks the vacation of a portion of the 12-foot wide alley located between the properties
comprising the WOIS Property as more particularly shown in the cross-hatched area on the
surveyor's drawing attached hereto as Exhibit "A" (the "Vacation Area"). The Vacation Area is
more more particularly described as follows, to-wit:
Being a part of a 12 foot wide alley in Read and Zulauf
Subdivision, as shown in Plat Book 3, Page 47 of the Clark
County, Indiana records and being further described as follows:
Beginning at a steel pin on the eastern most corner of Lot 4 in said
Subdivision; Thence N. 38° 43' 36" W., along the southwestern
Right-of--Way line of said alley, 130 feet to the southwestern
Right-of--Way line of East Eighth Street; Thence N. 50° Ol' 23" E.,
along said Right-of--Way line, 12 feet; Thence S. 38° 43' 36" E.,
130 feet; Thence S. 50° 00' 34" W., 12 feet to THE PLACE OF
BEGINNING.
Containing 1560 square feet, and being subject to all easements of
record.
4. The only owner of any real estate that abuts the Vacation Area other than WOIS
is Darlene Payne, 712 Crestview Court, Jeffersonville, Indiana, to whom WOIS has served
notice of the public hearing on this petition by certified mail in the manner required by Indiana
law.
5. WOIS seeks vacation of the Vacation Area by ordinance of this Common Council
on grounds that no adjacent property owner depends on the Vacation Area to obtain access to
their respective properties, and no public utilities are presently installed in the Vacation Area.
6. WOIS has further caused notice of the filing of this petition and the scheduled
hearing hereon to be published in The Evening News newspaper one (1) time at least ten (10)
days before the scheduled date of such hearing as required by Ind. Code § 5-3-1-2(b).
7. WOIS asks that the proposed vacation of the Vacation Area be granted by
ordinance to be adopted by this Common Council, and that such ordinance provide that
subsequent to such vacation WOIS shall own the entirety of the Vacated Area as it is wholly
located on and bounded by the WOIS Property.
2
WHEREFORE, petitioner, WOIS Properties, LLC, respectfully asks that the Common
Council of the City of Jeffersonville, Indiana, conduct a public hearing on this petition, and that
following such hearing, enact and adopt an ordinance vacating the Vacated Area as a publicly
dedicated alley within the City as requested herein.
WOIS PROPERTIES, LLC, Petitioner
By:
Jo Wolpert, Member
This Petition prepared by:
C. Gregory Fifer,'# 21-98
APPLEGATE & IFER
428 Meigs Avenue
Jeffersonville, Indiana 47131-1418
(812) 284-9499
Attorney for Petitioner
3
~'p~AG~~ATAAI o J
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~'V'e
,. A ..
NLEGENDN
DENOTES IRON P/PE FOUND PER PLAT / INSET \ \ ~°~~
DENOTES STEEL P!N FOUND, ORIOIN UNKNOWN /
DENOTES 5/8""x24" STEEL PlN W/ CAP SET ~
DENOTES STEEL P/N FOUND, PER A SURVEY , a
BY THIS COMPANY IN DECEMBER OF 2000 ~ ~ ~ 4,
- x -DENOTES FENCE
DENOTES DRILL HOLE FOUND SET IN CONCRETE
/ 0 50 100
o DENOTES FENCE CORNER \
DENOTES RAILROAD SPIKE SET
DENOTES MAG NAIL SET IN FENCE •RAIL
i
EAST 8TH STREET R/W VAR/ES --~
(FORMERLY RICKS AVENUE) ~~ INSET \ (105.5 PLAT)
N 50' " E So \ N 50'02'11 " E
67. 9' S4 1 104.58' ~
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"I a/grny m~der the penakles o[perJnry, tlut I
have taken reasonable care to redset each Social
Secwity mm~ber m tlds docmnent unless require
by Liw." Name: David R BLuilrenheker
SURVEY AND DRAWING OF LOTS 36, 37, AND 38 /N CRESTVIEW SUBD/V1SlON AS SHOWN IN PLAT BOOK #4,
PAGE 112 AND LOTS 3 AND 4 /N BLOCK 3 /N READ AND ZULAUF SUBDIVISION AS SHOWN IN PLAT BOOK 3,
PAGE 47 OF THE CLARK COUNTY, INDIANA RECORDS AND BEING SITUATED AT 714, AND 716 CRESTVIEW AND
1440 EAST BTH STREET, JEFFERSONVILLf.
Notes:
(1) Title examination may reveal other easements and/or Rights of ways not shown hereon.
Floodways, wetlands, environmental issues, zoning regulations, and other items
which may encumber this property were not included in the scope of this survey.
(2) All monuments shown are within 0.3 feet of flush with the surface of the ~\\\\\\\BLgI Nl l/F/rri
ground, unless otherwise noted. \~~~ ~;..~• "~~ •~k ~,
(3) Basis of bearings: Prior surveys ~ ~~:`•~E~~SrERFO•~~~,
~ '=~
1, David R. B/onkenbeker, hereby declare that I have surveyed the tract of land Qs N4 900011 :m _
shown above and that this survey was executed according to the requirements = =
of Title 865, I:A.C. 1-i through 29 to t o know/edge, in otion, nd _ -~ STATE OF ;
. / p, ;:
belief, and that the fie/d work was c „ p/eted on 'p ~ ~'
coP~nynr Q 2009 Blankmbeker and Son e r No. 9 1 Dote ////~~lls U~RV\~~ \\\\\
and Surw}wa Inc.. P.C. All rtg~ts rcaerved. .~
BLANKENBEKER & SON OWNER: CVO/S PROPERTIES
LAND SURT?s'YORS INC., P. C. % JOHN WOLPERT
426 AfEICS AVENUE P. O. BOX 157 48 ARCTIC SPRINGS. .
JEFFERSONhILLE, INDIANA 47131-0157 JEFFERSONVILLE, IN. ' 47130
TELEPHONE B12 282-4188 FAX 812-282-4197
TYWX'.BLANIIENBEffERANDSON.NET PAGE 1 OF 2 ~'
7RAWN BY D.R.B. SCALE.• 1 "= 50 FEET DATE.• 8 SEPTEMBER 2009 /OB No. 19,898
fttf /JI9B9B.0"C
LOT 38
_ 10,571 Sf~FT._ .
BUILD/NG AND OTHER
IMPROVEMENTS NOT SHOWN
- -LOT 37
"~ L 1 N 50'06141 "
O
'I 4455 S0. FT.
h HOUSE AND OTHER
'"~ IMPROVEMENTS NOT SHOWN
G
~ `~ 106.26'
~
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~ .LOT 35
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Lor s5'
LINE BEARING DISTANCE
L1 N 48'09'23" E 33.25'
L2 N 11'59'26" E 4.61'
L3 N 49'51'26" E 17.64'
L4 N 39'06'25" W 7'
L5 N 85'50'30" E 8.72'
L6 S 38'43'36" E 1.09'
• •
Proof of STATE OF INDIANA
Publication COUNTY OF CLARK - SS
NOTICE OF PUBLIC
HEARING ON
PETITION TO VACATE AN
ALLEY
Notice is hereby given that
petitioner, WOIS Proper-
ties, LLC, has filed a peti-
Melissa Tolnay On oath says that she is the
lion to vacate a portion of
an alley located between
real property located at the
bookkeeper of The Evening News and in the employ of
commonly known address-
es of 714 Crestview Court,
and
inia Avenue
703 Vir
the publisher of
,
g
1440 8th Street, in the City
of Jeffersonville, Clark
County, Indiana, before the
Common Council of the
City of Jeffersonville, Indi-
ana (the "City Council"),
pursuant to the provisions
of Ind. Code 36-7.3-12 and
36-7-3-16. The petition
seeks asks the vacation of THE EVENING NEWS
the following portion of such ,
alley: BEING A PART OF
A 12 FOOT WIDE ALLEY
IN READ AND 2ULAUF
SUBDIVISION, AS
SHOWNINPLATBOOK3,
a daily newspaper of general circulation printed and
PAGE 47 OF THE CLARK
CORD ANO BEND FAR= published in the city of Jeffersonville, Clark County,
THER DESCRIBED AS
FOLLOWS: BEGINNING
AT A STEEL PIN ON THE State of Indiana and further says that the annexed
~
EASTERN MOST COR-
NER OF LOT 4 IN SgID
THENCE N
SUBDIVISION ..~~..//.~
advertisement WaS published In said paper for 'f'/'( )
;
3843'36" W., ALONG
THE SOUTHWESTERN
WAY LINE OF
RIGHT
OF
time(s) to-wit: In issue of said The Evening News
-
-
SAID ALLEY, 130 -FEET
TO THE SOUTHWEST-
ERN RIGHT-OF-WAY , ! ~~ ~ ~ ~ 1, , ' ~oo~•
dated: ,/IV/ Cf/~
LINE OF EAST .EIGHTH o
STREET; THENCE N 50~
01' 23" E., ALONG SAID
RIGHTAF-WAY LINE, 12
FEET; THENCE S 38~ 43' (~)
36" E., 130 FEET;
THENCE S 50~ 00' 34"
W., 12 FEET TO THE
PLACE OF BEGINNING.
Containing 1560 square
feet, and being subject to
all easements of record.
Notice is further hereby giv-
en that a public hearing will STATE O F INDIAN A
be held on the above-de-
scribed petition at the regu-
lar meeting of the Jeffer-
il
h
d
ill
Cit
C
Cj O V N T Y O F C L A R K
ounc
sc
e
-
sonv
e
y
uled- for December 21,
2009, at 7:30 p.m., which
hearing shall be held in the
subscribed and sworn to b fore me this
Common Council Cham-
tiers at Jeffersonville City
500 Quartermaster
Hall ,,
~ ~ T day of
2~~9
,
Court, Jeffersonville, Irr~- ,
.
ana. RenronaVan~s or ob-
jectidns to the proposed va-
cation .shall be heard at
such hearing as provided in (X\ ~
Ind. Code 36-7-3-13. The JJ
City Council may continue
the .public hearing from
JOANN G LLIGAN
time-to-time as deemed
necessary, and may adopt
the proposed vacation by
ordinance following the
conclusion of such hearing.
So noticed this 9th day of
November, 2009.
Peaav Wilder Peggy Wild-
Notary Public, Clark County, Indiana
er, Jeffersonville Clerk-
PubTre~~'On (My Commission Expires August 27, 2014.)
Fee $ / a a .~~'
c~~s aa3~~
NOTICE OF PUBLIC HEARING ON
PETITION TO VACATE AN ALLEY
Notice is hereby given that petitioner, WOIS Properties, LLC, has filed a petition
to vacate a portion of an alley located between real property located at the commonly
known addresses of 714 Crestview Court, 703 Virginia Avenue, and 1440 8th Street, in
the City of Jeffersonville, Clark County, Indiana, before the Common Council of the City
of Jeffersonville, Indiana (the "City Council"), pursuant to the provisions of Ind. Code
36-7-3-12 and 36-7-3-16. The petition seeks asks the vacation of the following portion of
such alley:
Being a part of a 12 foot wide alley in Read and Zulauf Subdivision, as
shown in Plat Book 3, Page 47 of the Clark County, Indiana records and
being further described as follows:
Beginning at a steel pin on the eastern most corner of Lot 4 in said
Subdivision; Thence N 38°43'36" W., along the southwestern Right-of-
Way line of said alley, 130 feet to the southwestern Right-of--Way line of
East Eighth Street; Thence N 50° O 1' 23" E., along said Right-of--Way line,
12 feet; Thence S 38° 43' 36" E., 130 feet; Thence S 50° 00' 34" W., 12
feet to THE PLACE OF BEGINNING.
Containing 1560 square feet, and being subject to all easements of record.
Notice is further hereby given that a public hearing will be held on the above-
described petition at the regular meeting of the Jeffersonville City Council scheduled for
December 21, 2009, at 7:30 p.m., which hearing shall be held in the Common Council
Chambers at Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana.
Remonstrances or objections to the proposed vacation shall be heard at such hearing as
provided in Ind. Code 36-7-3-13. The City Council may continue the public hearing
from time-to-time as deemed necessary, and may adopt the proposed vacation by
ordinance following the conclusion of such hearing.
So noticed this day of November, 2009.
Peggy Wilder,
Jeffersonville Clerk-Treasurer
-_nl~
i