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HomeMy WebLinkAbout1996-OR-85OF SHE CITY OF JEFFERSONVILLE, IN THE MATTER OF THE PETITION OF SERENITY COURT DEVELOPMENT, LLC TO VACATE AN EASEMENT IN THE CITY OF JEFFERSONVILLE. ORDINANCE GRANTING PETITION TO VACA~E UTILITY EASEMENT Comes now William D. Julius on behalf of Serenity Court Development, LLC, having heretofore filed his Petition to Vacate Utility Easement in the City of Jeffersonville, Indiana, which petition is in the words and figures as follows, to-wit: (H.I.) And Notice of said petition and the time and place of the hearing on the same having been given by the Clerk-Treasurer of the City of Jeffersonville, pursuant to the provisions of I.C. §5-3-1, which Notice reads as follows, to-wit: (H.I.) And the Common Council of the City of Jeffersonville having examined and heard evidence on said petition and being duly advised in the premises, now finds that said petition should be IT IS, %~tEREFORE, ORDAINED by the Common Council of the City of Jeffersonville that the utility easement located in Jeffersonville, Clark County, Indiana, as legally described in the petition and shown on Exhibit "A" of the petition, both of which are attached hereto and made a part of this Ordinance, shall be and is hereby vacated by the City of Jeffersonville and that the fee simple title to said easement shall vest in William D. Julius and Barbara E. Julius, members of Serenity Court Development, LLC. SO ORDAINED this day of November 1996. Presiding 0G~lf'll~ce~arn~f the Common Council of the City of Jeffersonville ATTEST ~ieRr~Thar~adsSuPreer~er, Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville, Indiana, this /~ day of November, 1996. C. ~i-chard Spenc~/r, Jn~ ' Clerk-Treasurer Approved and signed by me this /~ day of November, 1996. Tl~omas R. ~all~/Mayor DULY ENTEREi; ~OR TA×ATIO~ BEFORE T~E COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION ) OF SERENITY COURT DEVELOPMENT, ) LLC TO VACATE AN EASEMENT ) IN THE CITY OF JEFFERSONVILLE. ) IN ~ MATTER OF THE PETITION OF WILLIAM D. JULIUS ON BEHALF OF SERENITY COURT DEVELOPMENT. LLC TO VACATE A UTILITYEASEMENT IN THE CITY OF JEFFERSONVILLE, INDIANA NOTICE OF PUBLIC HEARING TO VACATE UTILITY EASEMENT NOTICE is hereby given that William D. Julius on behalf of Serenity Court Development, LLC has filed a petition with the Common Council of the City of Jeffersonville to vacate a utility easement located in Serenity Court, Section Two, as recorded on January 10, 1995 in the Clark County Recorder's Office, Plat Book 10, page 76. A public hearing will be held on November 18, 1996 at 7:30 o'clock p.m. in the Multi-Purpose Hearing Room on the Third Floor of the City County Building, 501 East Court Avenue, Jeffersonville, Indiana, at which time and place all interested persons will be heard in reference to the matter set out in said petition. C. Richard Spencer Jeffersonville Clerk-Treasurer BEFORE ,TI{E, CO~ON CouNCiL ...... OF RY~E CIR~f OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION ) OF SERENITY COURT DEVELOPMENT, ) LLC TO VACATE AN EASEMENT ) IN THE CITY OF JEFFERSON-VILLE. ) PETITION~ VACAT~ UTILITY EASEMENT IN THE CITY OF JEFFERSONVILLE, INDIANA. Comes now William D. Julius on behalf of Serenity Court Development, LLC and respectfully petitions the Common Council of the City of Jeffersonville to vacate a utility easement which is situated in the City of Jeffersonville, County of Clark, Indiana, In follows: 1. and described as follows, to-wit: A twenty (20) foot drainage and utility easement located along and adjacent to the northwest property line of lot number fifteen (15), also, a twenty (20) foot drainage and utility easement located along and adjacent to the northeast property line of lot number sixteen (16). SEE ATTACHED EXHIBIT "A" State of support of this petition, your petitioner states as That your petitioner currently owns the land on which the above-described utility easement is situated. 2. That the land on which said utility easement is situated is zoned residential. 3. That all of the land surrounding said utility easement is being developed as a residential subdivision. 4. Previously and on the 10th day of January, 1995, said utility easement was platted by William D. Julius and recorded at Plat Book 10, page 76, in the Office of the Recorder of Clark County, Indiana. 5. The purpose of said utility easement was for the creation and development of the subdivision known as Serenity Court, Section Two. 6. That it has been determined that said utility easement is no longer needed in that other access for purposes of utilities now exists and is now being utilized. 7. That the best use of the land on which said utility easement is situated is for continued residential development, to be used in connection with the current development of Serenity Court, Section Two, by your petitioner. 8. That the vacation of said utility easement would not injure the public health, safety or morals of the cormnunity. 9. That the vacation of said utility easement would be in the best interest of the petitioner, the community and the City of Jeffersonville. 10. That the land on which said utility easement is situated will remain as a residential zoning classification, which is the same as the surrounding land. 11. The land on which said utility easement is situated is surrounded by land owned by your petitioner; no other land abuts said utility easement which is owned by someone other than your petitioner. 12. In support of this petition, attached hereto and made a part hereof are consents and waivers by the following utility companies: Indiana-American Water Company, Inc. by Roger D. Maynard, Operations Manager dated September 23, 1996. Attached as Exhibit "B". PSI Energy by Michael L. Newman, Regional Manager dated August 27, 1996. Attached as Exhibit "C". Waiver Quit-Claim & Release of Utility Strip Easement recorded by Indiana Gas Company, Inc. on the 26th day of August, 1996 in the Office of the Clark County Recorder at mortgage drawer 28, instrument number 14757. Attached as Exhibit "D". NOW THEREFORE, it is requested pursuant to the provisions of I.C. §36-7-3-16 that the Common Council of the City of Jefferson- ville vacate the above-described utility easement and illustrated in Exhibit "A". Respectfully submitted, SERENITY COURT DEVELOPMENT, LLC BY:' Wt~liam D.~ul±us, Member Prepared by: ,BARTLETT, HEEKE, NTER, B~& THOMPSON PJ~IELA K. THOMPSON ID #16212-10 209 East Chestnut Street P. O. Box 98 Jeffersonville, IN 47131-0098 Telephone: (812) 282-7736 ~ ORIGINAL LINE (TypICAL) AND UiTEizy IANE BUILDING LINE DRAINAGE AND UTILITY EASEMENT GRASSPLOT 2' CONCRETE ROLLCURB 4' CONCRETE SIDEWALK BLANKENBEKER & SO~ '~ dL.R. SCALE' 1 "= 40 FEET DAT~' XHtBIT A BILL JULIUS 6 AUGUST 19~6 Indiana -American Water Company, Inc. 1001 Penn Street · JeffersonvHle, Indiana 47130-3847 · (812) 282-8203 o (812) 2114-3541 FAX September 23, 1996 Mr. Willi~'D. JuliUs Developer ' Sereni.f~. CgUrt Development 4307 hill S~de Lane · Jeffersonville, IN 47130 RE: Vacation of Easement - Serentiy Court, Section 2 Dear Bill" · We do n0~ 6~jeCt to yaca[ing the ,n. orth,-sgUth' easem~nt,,in the nOrtheast:C6i~her ~ot' the a~orememionea uevetopmem. ,as. we discussed th~water main for this development'is located m front of all lots and there doeS not appear to lie a need to maintain the easement in question. If you have any questions, let me know. Sincerely, Indiana-American Water Co., Inc. Koger .D. Maynard~ Operations.Manager c: M. Stewart · A~l,'~nR~Y. Company District Office i212 Eastern Boulevard Clarksville, Indiana 47129-1702 Augu~ 27,1996 Bill Julius 4307 Hillside Lane Jeffersonville, 1N 47130 Subject: Serenity Court - Lots 15 and 16 Dear Mr. Julius: This will serve to advise you that PSI Energy has reviewed your request for abandonment of a platted utility easement along the property line between Lots 15 and 17 in Serenity Court. We have concluded that we have no current or planned use for this easement area and therefore offer no objections to its use other than utility. Sincerely, Michael L. New,mn Regional Manager MNL Enclosure [~.QUiT~CI.AIM & RELEASE UTILITY ~TR~P EASEMENT For value msaived ~ oth~ described, a in ~ Nos. 15& 16 of the aforementioned Serenity Corot ad~ and J~ de~dbed as INDIANA GAS COMPANY, INC. Vice Pm~i~ent Before me, e Notary Public in and for said County and State1 and being duly President and--, ~/~,-', ~.'.'~-,-~_ , Secretary of Indiana Gas Company, Inc. who ackncw~edgnd the execution of the foregoing Waiver Quit-Claim & Release of Utility Strip Eesement. Witness my hand and notarial seal this ..~_~.__~_~-- day of 1996. Nota~-Pul~lic ~', 57"~.¢~'c.¢.,~¢' ' My Commission Expires: 4-/7--~ My County of Residence is:-~) ~J ~ RECEIVED FO~ pFnORD COUNCIL OF THE CITY OF /EFFERSONVILLE, INDIANA [Iq THE MATTER OF ]EFFERS~NVILLE STATE OF INDIANA, COUNTY OF CLARK-SS Annette Brown, on oath says that she is book- keeper of the News & Journal and in the employ of the publisher of The Evening News, a daily newsPaper of general Circulation printed and pub- lished in the City of Jeffersonville, Clark County, State of Indiana, and further says that the annexed advertisement was published in said paper for .0..~.e..~.~?.e. ...... , to-wit: In issue of said Evening News deted .~.o. ¥.e.m.~.e..~. ?.:. !.??.6. .............. State of Indiana County of Clark Subscribed and sworn to before me this .......... dayo,. . .... Notary Public, Clark County, indiana Publication Fee $ ..........