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HomeMy WebLinkAbout1996-OR-70 ORDINANCE NO. 96-OR-70 ORDINANCE VACATING CITY STREET BROADWAY BETWEEN SElfENTH AND NINTH STREETS WHEREAS, a Petition to Vacate a public way, specifically that part of a city street located in the City of Jeffersonville, Indiana, described as that part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 and Blocks 84 and 89, east to west, was submitted to the Common Council of the City of Jeffersonville pursuant to IC 36-7-3; and, WHEREAS, notice was given pursuant to IC 36-7-3-12 of a public hearing when objections to the proposed vacation would be heard; and, WHEREAS, the Common Council considered the petition to vacate and objection thereto at public hearing October 7, 1996, and a motion duly offered and seconded to grant said petition and enact an ordinance at the same date of meeting was unanimously carried; NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of Jeffersonville, State of Indiana that the following public way be, and hereby is vacated: That part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 and Blocks 84 and 89, east to west. Passed the 7th day of October, ATTEST: CLERK-TREASURER 1996. OR Presented by me as of Jeffersonville, Indiana, 1996. Clerk-Treasurer to the Mayor of the City this ~ day of ~zo , C. Rickard Spencer, Jr. Clerk-Treasurer Approved and signed by me this day Mayor of NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSONVILLE CITY COUNCIL ON PETITION TO VACATE PUBLIC WAY. Notice is hereby given that Thomas W. Kempf has filed a Petition to Vacate Public Way (City Street) with the Jeffersonville city Council. The property petitioned to be vacated is that part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 and Blocks 84 and 89, east to west. A public hearing will be held by the Jeffersonville city Council on October 7, 1996, at 7:00 p.m., in room 308 of the City-County Building, 501 E. Court Avenue, Jeffersonville, Indiana, at which time any person aggrieved by the proposed vacation may object to it as provided by Indiana Code 36-7-3-13. "RECEIVED SEP 2 3 1996 BY: PETITION TO VACATE PUBLIC WAY (CITY STREET) TO: JEy~zRSONV/T,T,E CITY COUNCIL, COUNTY OF CLARK, STATE OF INDIANA The undersigned, owner of lots contiguous to a public way located withinthe corporate boundaries of the City of Jeffersonville, petitions for the vacation of a part of said public way. The area requested to be vacated is shown as a street in Auditors Book 19, page 36, and is further described as follows: That part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 and Blocks 84 and 89, east to west. The Petition for the vacation of the part of Broadway described above is based upon the following: 1. The street is no longer used by the public for travel; 2. The City has not maintained the area as a street; 3. The area described is presently covered with grass, with the exception of a set of railway tracks and portions that have been paved as a parking lot and drive-wayby adjoining landowners; 4. Any members of the public that wish to travel between Seventh Street and Ninth Street have use of maintained streets, to wit: Relocated Illinois Ave. (a/k/a VFW Blvd.) and IndianaAvenue; 5. Under the circumstances stated above, maintenance of the area platted as a street is unnecessary and would be a waste of public funds. The names and addresses of property owners whose property abuts the property proposed to be vacated are: 47130; 2. MI) 21201; 3. 4. Jeffersonville, IN The Petitioner, Thomas W. Kem~f, 2413 Utica Pike, Jeffersonville, IN Baltimore & Ohio RR Co., Tax Dept. #206, 100 N. Charles St., Baltimore, Paul Michael Campbell, 420 W. Riverside Dr., Jeffersonville, IN 47130; Paul M. Campbell, c/o Frank's Steak House, 520 W. 7th Street, 47130. The above information, to my knowledge and belief, is true and~. Thomas W. Kempf, P~ione~d 2413 Uti~ Pi~/effeYso~~ State of Indi~ ) ) ~ty of Clark ) to My Co~ssion e~ires: ~.W~ /~ 199 ~ . ~Not=y ~lic Prepped by: S~ K. ~y, Atto~ey for Petitioner 157 E. ~in St., New ~y, ~ 47150, (812) 945-4441 BEFORE THE ~OMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF ) SPRINGHILL COMMONS PARTNERSHIP ) TO VACATE A PORTION OF A PUBLIC WAY ) IN THE CITY OF JEFFERSONVILLE. ) PETITION TO VACATE A PORTION OF A PUBLIC WAY IN JEFFERSONVILLE, INDIANA The Springhill Commons Partnership respectfully petitions the common Council of the City of Jeffersonville (hereinafter called City), to vacate that portion of a public way which is described in this petition and is situated in the City of Jeffersonville, County of Clark, State of Indiana, to-wit: See Exhibit "A" attached hereto and made a part hereof. In support of this petition, the Springhill Commons Partnership says as follows: 1. That the Springhill Commons Partnership currently owns the land on both sides of that portion of the alley as described in Exhibit "A" and shown on Exhibit "B" for which this request to vacate is being made. 2. That the land on both sides of that portion of the alley for which this request to vacate is being made has a B-2 zoning classification. 3. That both of the properties which adjoin the portion of the herein-described alley are to be used for the development of medical-related facilities. 4. That the best use of the alley would be to allow it to be vacated and used in compliment with the medical facilities which are owned and/or are being developed by the Springhill Commons Partnership. 5. That the vacation of the alley as described herein would not injure the public health, safety, or morals of the community. 6. That the zoning classification of the vacated alley would be B-2 as is the zoning for the adjoining lands. 7. That it would be in the best interest of the City of Jeffersonville to grant the petition set forth above. 8. That other than the property which is currently owned by Springhill Commons Partnership, land that abuts the property which is proposed to be vacated is owned by: Viola Collins and Randolph Ward, 1428 Duncan Avenue, Jeffersonville, Indiana. NOW, THEREFORE, it is requested, pursuant to the provisions of IC 36-7-3-12 that the City of Jeffersonville vacate a portion of the public way (alley) described above and illustrated in Exhibits "A" and "B". SPRINGHILL COMMONS PARTNERSHIP E.~ RaZy kn~t, M~.D.- Partner Sandra W. Lewis Smith, Bartlett, Heeke, Carpenter & Lewis P.O. Box 98 209 E. Chestnut Street Jeffersonville, IN 47131-0098 Ind. Sup. Ct. # 15217-10 (812) 282-7736 Attorney for Petitioner EXHIBIT "B" NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSONVILLE CITY COUNCIL ON PETITION TO VACATE PUBLIC WAY. Notice is hereby given that Thomas W. Kempf has filed a Petition to Vacate Public Way (city Street) with the Jeffersonville City Council. The property petitioned to be vacated is that part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 and Blocks 84 and 89, east to west. A public hearing will be held by the Jeffersonville City Council on October 7, 1996, at 7:00 p.m., in room 308 of the city-County Building, 501 E. Court Avenue, Jeffersonville, Indiana, at which time any person aggrieved by the proposed vacation may object to it as provided by Indiana Code 36-7-3-13. PETITION TO VACATE PUBLIC WAY (CITY STREET) TO: OEY~RS~T,T,E CITY COUNCIL, COUNTY OF CLARK, STATE OF INDIANA The undersigned, owner of lots contiguous to a public way located within the corporate boundaries of the City of Jeffersonville, petitions for the vacation of a part of said public way. The area requested to be vacated is shown as a street in Auditors Book 19, page 36, and is further described as follows: That part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 and Blocks 84 and 89, east to west. The Petition for the vacation of the part of Broadway described above is based upon the following: 1. The street is no longer used by the public for travel; 2. The City has not maintained the area as a street; 3. The area described is presently covered with grass, with the exception of a set of railway tracks and portions that have been paved as a parking lot and drive-way by adjoining landowners; 4. Any members of the public that wish to travel between Seventh Street and Ninth Street have use of maintained streets, to wit: Relocated Illinois Ave. (a/k/a VFW Blvd.) and Indiana Avenue; 5. Under the circumstances stated above, maintenance of the area platted as a street is unnecessary and would be a waste of public funds. The names and addresses of property owners whose property abuts the property proposed to be vacated are: 47130; 2. MD 21201; 3. 4. Jeffersonville, IN The Petitioner, Thomas W. Ken, f, 2413 Utica Pike, Jeffersonville, IN Baltimore & Ohio RR Co., Tax Dept. #206, 100 N. Charles St., Baltimore, Paul Michael Campbell, 420 W. Riverside Dr., Jeffersonville, IN 47130; Paul M. Ca~bell, c/o Frank's Steak House, 520 W. 7th Street, 47130. The above information, to my knowledge and belief, is true and~ Thor~s W. Ke/r~f, P~ione~/ % 2413 Utica Pike/effe~so/~%i~ State of Indiana ) ) County of Clark ) Subscribed and sworn to before me this ~ day of ~/~ 199~. Prepared by: Susan K. LeMay, Attorney for Petitioner 157 E. Main St., New Albany, IN 47150, (812) 945-4441 NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSONVILLE CITY COUNCIL ON PETITION TO VACATE PUBLIC WAY. Notice is hereby given that Thomas W. Kempf has filed a Petition to Vacate Public Way (city Street) with the Jeffersonville city Council. The property petitioned to be vacated is that part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 and Blocks 84 and 89, east to west. A public hearing will be held by the Jeffersonville City Council on October 7, 1996, at 7:00 p.m., in room 308 of the City-County Building, 501 E. court Avenue, jeffersonville, Indiana, at which time any person aggrieved by the proposed vacation may object to it as provided by Indiana Code 36-7-3-13. R EIVED I SEP 2 1996 47130; 2. MD 21201; 3. 4. Jeffersonville, IN 47130. TO: JE~'~ERSONVIT,Ig CITY COUNCIL, cOUNTY OF CLARK, STATE OF INDIANA The undersigned, owner of lots contiguous to a public way located within the corporate boundaries of the City of Jeffersonville, petitions for the vacation of a part of said public way. The area requested to be vacated is shown as a street in Auditors Book 19, page 36, and is further described as follows: That part of Broadway located between Ninth and Seventh Streets, north to south, and between Blocks 83 and 90 end Blocks 84 and 89, east to west. The Petition for the vacation of the part of Broadway described above is based upon the following: 1. The street is no longer used by the public for travel; 2. The City has not maintained the area as a street; 3. The area described is presently covered with grass, with the exception of a set of railway tracks and portions that have been paved as a parking lot and drive-way by adjoining landowners; 4. Any members of the public that wish to travel between Seventh Street and Ninth Street have use of maintained streets, to wit: Relocated Illinois Ave. (a/k/a VFW Blvd.) and Indiana Avenue; 5. Under the circumstances stated above, maintenance of the area platted as a street is unnecessary and would be a waste of public funds. The names and addresses of property owners whose property abuts the property proposed to be ~acated are: 1. The Petitioner~ Thomas W. Kempf, 2413 Utica Pike, Jeffersonville, IN Baltimore & Ohio RR Co., Tax Dept. #206, 100 N. Charles St., Baltimore, Paul Michael Campbell, 420 W. Riverside Dr., Jeffersonville, IN 47130; Paul M. Campbell, c/o Frank's Steak House, 520 W. 7th Street, The above Lnformation, to my State of Indiana ) ) knowledge and belief, is true an~. J County of Clark ) s~bscribed arid sworn to before r~ this y My county of residence:~ ~otary Public My Co= ion /? ? · Prepped by: ~ K. ~y, Attorney for Petitioner 157 E. ~in St., New ~any, ~ 47150, (812) 945-4441 June 14, 1996 DESCRIPTION 20 FOOT ALLEY TO BE VACATED Being a part of a 20 foot wide existing Alley, said Alley being a part of Block No. 6 of the Granite Improvement Company Addition to the city of Jeffersonville, Clark County, Indiana, as recorded in Plat Book 4, Page 83, in the office of the Recorder of Clark County, Indiana and being more fully described as follows, to- wit: Commencing at the northeast corner of Lot No. 3 of Block No. 6 of said Granite Improvement Company Addition and being the northeast corner of the land heretofore conveyed to Viola Collins and Randolph Ward, tenants in common, by deed as recorded in Deed Drawer 21, Instrument No. 7104 of the Clark County Records of Deeds; running thence South 85° 35' 45" East along the southerly right-of-way line of Fifteenth Street, 10 feet to the center of a 20 foot wide Alley; thence South 4° 04' 15" West along the cen- terline of said alley, 48.00 feet to the true place of beginning of the centerline of said Alley to be Vacated to be herein de- scribed: Thence continuing South 4° 04' 15" West along said centerline, 302 feet, more or less, to the northerly right-of-way line of Fourteenth Street and being the end of said Alley to be Vacated. EXHIBIT "A" I I00 East Spring Street. New Albany, Indiana 47150 (812) 944-6731 STATE OF COUHTY OF CLARK''~S ~~n oath says that she is book- k~per the publlsher The Evening News, a daily newspape~ o~ generat ci~cutation prln~ and pu~ tlshed in the Ci~ of jeHersoeV~tJe, Cto~k Count, State of indiana, and ~uffher says that the annexed adve~isement was pubtlshed ~.~. ~[~e ..., to-wit: tn issue of said Evening ...... sep~em~ec 25' ~996 d '~' Hews date .......... State of Indiana County of Clark Subscribe~Land sworn to before me thais ....... N~ Pubhc, Clark Co~, Ind,ana Publication Fee $ .