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HomeMy WebLinkAbout2010-OR-36COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA IN RE THE PETITION OF HUBER'S AUTO SALES, LLC TO VACATE A PART OF A PUBLIC WAY KNOWN AS AVONDALE COURT BETWEEN LOTS 1 AND 2 AVONDALE COURT ORDINANCE NO. ~C91(~"b~'~ ORDINANCE GRANTING PETITION TO VACATE PUBLIC WAY Comes now Huber's Auto Sales, LLC, hereinafter referred to as "Petitioner," and Petitioner having heretofore filed his Petition to Vacate Public Way, and notice of said petition and the time and place of the hearing regarding the same having been given by the Clerk of the City of Jeffersonville pursuant to the provisions of Indiana Code 36-7-3-12 and 5-3-1, and the Common Council of the City of Jeffersonville, Indiana, having examined and heard evidence on said petition and being duly advised in the premises now finds that said petition should be granted. IT IS THEREFORE ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that that part of Avondale Court between Lots 1 and 6 of Avondale Court and Lot 2 of Avondale Court shall be vacated by the Common Council of the City of Jeffersonville, Indiana upon the occurrence of the condition precedent described below. The legal descriptions attached hereto as Exhibit "A" and the drawing attached hereto as Exhibit "B" depict the vacated public way; both of which are incorporated by reference herein. BE IT FURTHER ORDAINED, that the vacation described above shall take effect only upon, and simultaneously with, the public dedication unto the City of Jeffersonville and the public of that certain strip of land described in Exhibit "C" attached hereto; and upon such dedication, this Ordinance shall be filed of record and shall be and remain in full force and effect. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this ~ ~9~ day of , 2010. ~~ U COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA By: Na an Samue ,Presiding Officer ATTEST: By: Pegg der, Clerk-Treasurer Presented by Peggy Wilder, Clerk-Treasurer, to the Mayor of said City of Jeffersonville on this /'7 day of , 2010. Peg ilder, Clerk-Treasurer 'Uh This ordinance approved and signed by me this ~ ~ J day of , 2010. X:\100372 - Huber's Auto\1738 10th Street Purchase\Ordinance Vacating Public Way.doc 2 EXHIBIT "A" DESCRIPTION OF PART OF VACATED AVONDALE COURT Being a part of Avondale Court (a 17.5 foot R/W street), in Avondale Court Subdivision, as shown in Plat Book 6, Page 26 of the Clark County, Indiana records and being further described as follows: Beginning at the southwest corner of Lot 1 in said Subdivision; Thence 5.79°49'31 "E., along the north Right-of--Way line of Avondale Court, 152.88 feet; Thence continuing along said Right-of--Way line, 50.49 feet along the arc of a 48.71 foot radius curve to the right (concave southwesterly) being subtended by a chord bearing S.52°57'28"E., 48.71 feet; Thence continuing along said Right-of--Way line, 35.67 feet along the arc of a 45 foot radius curve to the left (concave northeasterly) being subtended by a chord bearing 5.49° 13'24"E., 34.75 feet to the southeast corner of said Lot 1, being also the southwest corner of Lot 6 in said Subdivision; Thence 5.77°20'57"W., 39.68 feet to a point on the southern Right-of--Way line of said Avondale Court; Thence along said Right-of--Way line, 58.43 feet along the arc of a 37.19 foot radius curve to the left (concave southwesterly) being subtended by a chord bearing N.34°12'W., 52.6 feet; Thence continuing along said Right-of--Way line, N.79°49'31"W., 158.56 feet to the northwest corner of Lot 2, being on the eastern Right-of--Way line of East Tenth Street; Thence N.28°08'28"E., along said eastern Right-of--Way line, 18.4 feet to THE PLACE OF BEGINNING. Containing 4104 square feet EXHIBIT "C" DESCRIPTION OF PART OF AVONDALE COURT TO BE DEDICATED Being a part of Lot 2 in Avondale Court Subdivision, as shown in Plat Book 6, Page 26 of the Clark County, Indiana records and being further described as follows: Beginning at the southwest corner of said Lot 2; Thence N.28°08'28"E., along the eastern Right-of--Way line of East Tenth Street, 13.14 feet; Thence 5.79°49'31 "E., 177.82 feet; Thence 33.16 feet along the arc of a 24.69 foot radius curve to the left (concave northwesterly) being subtended by a chord bearing N.62°38'38"E., 30.73 feet; Thence N.77°20'57"E., 14.36 feet to a point on the Right-of--Way line of said Avondale Court; Thence along said Right-of--Way line, 58.43 feet along the arc of a 37.19 foot radius curve to the right (concave northwesterly) being subtended by a chord bearing 5.55°48'W., 52.6 feet; Thence continuing along said Right-of--Way line, N.79°49'31 "W., 181.87 feet to THE PLACE OF BEGINNING. Containing 2821 square feet 4 STATE OF INDIANA COUNTY OF CLARK BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE IN RE THE PETITION TO VACATE ) A PUBLIC WAY KNOWN AS PART OF ) AVONDALE COURT BETWEEN ) LOTS 1 AND 2 EXTENDING TO 10TH ) STREET JEFFERSONVILLE, CLARK ) COUNTY, INDIANA, ) HUBERS AUTO SALES, LLC Petitioner. ) PETITION TO VACATE PUBLIC WAY Petitioner, Huber's Auto Sales, LLC ("Huber"), states for its petition as follows: 1. By virtue of that certain Deed of record as Instrument No. 200921052 in the office of the Recorder of Clark County, Indiana, Huber is the owner of a portion of Lots 1 and 6, Avondale Court in the City of Jeffersonville, as recorded in Plat Book 6, Page 26 in the City of Jeffersonville (the "Plat"). 2. Huber's property is contiguous to and abuts that portion of the easterly north- bound lane of Avondale Court between Lots 1 and 6 of Avondale Court, as more particularly described in Exhibit "A" attached hereto and shown on Exhibit "B" attached hereto (hereinafter, the "Street"). 3. Pinnacle Properties Development Group, LLC ("Pinnacle") is the owner of all of Lot 2 of Avondale Court, the property on to the west of the Street (the "Pinnacle Property"). 4. Huber is currently under contract to purchase the Pinnacle Property from Pinnacle. 5. Pursuant to the provisions of Indiana Code 36-7-3-12, Huber seeks the vacation of the Street. 6. Huber seeks the vacation of the Street so that Huber's existing property and the Pinnacle Property will be contiguous; thereby enabling Huber to expand his existing auto sales business. 7. Huber currently has pending (i) before the Clark County Plan Commission an application for rezoning from C-1 to C-2, and (ii) before the Clark County Board of Zoning Appeals an application for Special Exception and approval of a Development Plan, so as to enable the expansion of the auto sales business onto the Pinnacle Property. 8. Huber and Pinnacle are the only landowners adjoining that portion of the Street for which the Petition to Vacate pertains. By Affidavit attached hereto, Pinnacle has consented to Huber's filing of this Petition. Pursuant to IC 36-7-3-12, no other landowner needs to be notified of this petition 9. Huber shall cause 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 Indiana Code 5-3-1-2(b). 10. Huber asks that the proposed vacation be granted by ordinance of the Common Council of the City of Jeffersonville and that such ordinance provides that subsequent to such vacation that portion of the Street east of the centerline revert to Huber and that portion of the Street west of the centerline revert to Pinnacle. 11. In consideration of Huber's request, Huber hereby agrees that Huber, upon acquiring the Pinnacle Property, shall convey to the City of Jeffersonville so much of the Pinnacle Property as is necessary to create a two lane public roadway along the current west south-bound land of Avondale Court. A form of such deed is attached as Exhibit "C" attached hereto. 2 WHEREFORE, Petitioner, Huber, respectfully asks that the Common Council of the City of Jeffersonville conduct a public hearing on this petition, and that following such petition enact and adopt the ordinance vacating the ay qu erei an M. Appleg e, # 1 -10 APPLEGATE IFE P LLIAM, LLC 428 Meigs Ave. Jeffersonville, Indiana 47131 Attorney for Petitioner X:\100372 - Huber's Auto\1738 10th Street Purohase\Petition to vacate public way.doc 3 EXHIBIT "A" DESCRIPTION OF PART OF AVONDALE COURT TO BE VACATED Being a part of Avondale Court (a 17.5 foot R/W street), in Avondale Court Subdivision, as shown in Plat Book 6, Page 26 of the Clark County, Indiana records and being further described as follows: Beginning at the southwest corner of Lot 1 in said Subdivision; Thence 5.79°49'31 "E., along the north Right-of--Way line of Avondale Court, 152.88 feet; Thence continuing along said Right-of--Way line, 50.49 feet along the arc of a 48.71 foot radius curve to the right (concave southwesterly) being subtended by a chord bearing 5.52°57'28"E., 48.71 feet; Thence continuing along said Right-of--Way line, 35.67 feet along the arc of a 45 foot radius curve to the left (concave northeasterly) being subtended by a chord bearing 5.49° 13'24"E., 34.75 feet to the southeast corner of said Lot 1, being also the southwest corner of Lot 6 in said Subdivision; Thence 5.77°20'57"W., 39.68 feet to a point on the southern Right-of--Way line of said Avondale Court; Thence along said Right-of--Way line, 58.43 feet along the arc of a 37.19 foot radius curve to the left (concave southwesterly) being subtended by a chord bearing N.34°12'W., 52.6 feet; Thence continuing along said Right-of--Way line, N.79°49'31 "W., 158.56 feet to the northwest corner of Lot 2, being on the eastern Right-of--Way line of East Tenth Street; Thence N.28°08'28"E., along said eastern Right-of--Way line, 18.4 feet to THE PLACE OF BEGINNING. Containing 4104 square feet, and being subject to all easements of record. X ~-4 ~ ~ T "~ ~~ T-o ~ ~-r'z-Ts~~ 0 o~ O 40 80 z J ti Q J / q~ Z LOT 1 ~69;S~4y• c~ 'o ~ I ti S. 79'-49'-31 " E. 152.88' S S'~~i •'~Di~ 0 0 + + , Sj• yORO 'v. AV01YD ~ COlfR~175 R/1~P ?s'F 4104 ~o. . TO s~ua TFp ~ ~ ~tsa ~ / A ~s ~ ~ N. 79'-49'-31' W. 158.56' Z s~ ~" ~s-'Pq a~ • `fir: m_ moo/ s~ °hoGs "~ 0 ~ ,?- n J 'I'p ~Q,' .N v sy ~' I, ?R'. !~,,} ~ / ~~ ~~ N 62'38' 8 E 37.19' ~gUlUS ~ 68 " W F, ^ti ~ 0 33 16~ ~C. ~ 4•~, T 2p 5' /ry 24.69 RAD. ~ S ~~ PROPOSED NEW R UNE S. 79'-49'-31' E. 177.8 + ~ ~ ~ 2821 ~ TO BE DEDICATED 1~9c~c' "i 5 yy5ry~ P~ IX/STJNG R UNE N. 79'-49'-31 " W. 181.87 _ AVONDALE CDURT 17.5' R/li `•~ L T 4 / LOT 3 DRAWING OF PART OF AVONDALE COURT 70 BE VACATED AND PART OF LOT 2 TO BE DEDICATED /N THE PUT OF AVONDALE COURT AS SHOWN IN PUT BOOK 6, PAGE 26 OF 7HE CURK COUNIY, IND/ANA RECORDS. N07E:• TH/S DR4W/NG DOES NOT REPRESENT A RETR4CEMENT, ORIGINAL OR ROU7E SURVEY OR SURVEI'OR LOCATION REPORT. ~rr~rie © mro ew~ox~ aw sd, Bona s,~.rn~ ~ a.c nn noh~ .m~~e. BL,4NKENBEK~'R & SON FOR DENNIS HUBE7? LliYD SUR~'YC1RS INC., P. C. 1740 EAST 10TH STREET 618E COURT AVENUE P.O. BOX 159' JEFFERSONVILLE, lN. 47130 JEFFERSONI'7LLE, INDIANA 47131-0157 AREA CODE 812-282-•F>B9 J£fFERSONV/LLE, lN. 47130 DRAJI'N BY. O.R.B. SCALE.' 1 ~ 40 FEET DATE' 12 JULY 2010 JOB No. 20,193~INp~~o~ PDF created with pdfFactory trial version www.odffactorv.com EXHIBIT "C" PROPOSED DEED Key No.: Part of WARRANTY DEED THIS INDENTURE WITNESSETH, that Huber Auto Sales, LLC, an Indiana limited liability company having a principal place of business in Clark County, Indiana ("Grantor," whether one or more), for and inconsideration of the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, CONVEYS AND WARRANTS unto City of Jeffersonville, Indiana, a body politic situated in Clark County, Indiana, ("Grantee", whether one or more) that real property situated in Clark County, Indiana, to wit: Being a part of Lot 2 in Avondale Court. Subdivision, as shown in Plat Book 6, Page 26 of the Clark County, Indiana records and being further described as follows: Beginning at the southwest corner of said Lot 2; Thence N.28°08'28"E., along the eastern Right-of- Way line of East Tenth Street, 13.14 feet; Thence 5.79°49'31 "E., 177.82 feet; Thence 33.16 feet along the arc of a 24.69 foot radius curve to the left (concave northwesterly) being subtended by a chord bearing N.62°38'38"E., 30.73 feet; Thence N.77°20'57"E., 14.36 feet to a point on the Right-of--Way line of said Avondale Court; Thence along said Right-of--Way line, 58.43 feet along the arc of a 37.19 foot radius curve to the right (concave northwesterly) being subtended by a chord bearing S.55°48'W., 52.6 feet; Thence continuing along said Right-of--Way line, N.79°49'31 "W., 181.87 feet to THE PLACE OF BEGINNING. Containing 2821 square feet, as shown on the drawing attached hereto as Exhibit "A". This conveyance is made subject to all applicable easements and rights-of--way, of record. Real estate taxes having been apportioned between Grantor and Grantee herein, Grantee hereby assumes and agrees to pay the spring installment of real estate taxes for the year 2011, payable in 2012, and all subsequent real estate taxes. IN WITNESS WHEREOF, the said grantor has caused this deed to be executed this day of , 2010. By: HUBER'S AUTO SALES, LLC, an Indiana limited liability company Dennis Huber, Sole Member STATE OF INDIANA COUNTY OF CLARK BEFORE ME, the undersigned, a Notary Public, in and for the above-named County and State, this day of 2010, personally appeared Dennis Huber, as the sole member of Huber's Auto Sales, LLC, an Indiana limited liability company and acknowledged the execution of the foregoing Warranty Deed on behalf of said company. WITNESS my hand and notarial seal. My Commission expires: Alan M. Applegate, Notary Public August 4, 2017 Resident of Clark County I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law, and that this instrument was prepared by: Alan M. Applegate APPLEGATE FIFER PULLIAM LLC P. O. Box 1418 Jeffersonville, Indiana 47131-1418 (812)284-9499 Tax Statement Mailing Address: 500 Quartermaster Court Jeffersonville.IN 47130 Grantee Mailing Address: 500 Quartermaster Court Jeffersonville, IN 47130 0 o~ a ~ p 40 80 ~ { ~ ~ r J ' ti a / LOT 1 A~ Q S ? Sg 69 O,¢9, ~ cp S. 79'-49'-31' E. 152.88' ? S), L.yo S ` ~ a AVONDALE COURT 17.5' R/'fY ?s F° 4104 SQ. FT. TO BE VAGITED 5b' 15B 31' W " ' s~ SAS `~S 2 ~" s 'mss-'~'p 6~ ~ ~ . . -49 - ~ N. 79 s~ A ~ "err. 6'_ ~Pp S; ~'ti ~'S ~' .M J ~~ O °~. oy ~.T\2 "P ~ 4} ~ /? . N 62'38'38' E 37•~g~ ~D~US 3g 61" ~ ~ ~ 5 '~' ~ ~ 33.16,' ARC. 24.69 RAD. / ~ 4 TZD ~ 2' ' ~ ~ ~./ + E. 177.8 PROPOSED NEW R L/N ~ S.~ 4,~9--3y1 282 SQ~FT.TO ~pEDlG1TED" / .k~y94~G~ ~` ~ 'ti / / / /' / ' ' 5h ~6, 5 W. 181.87 -31 EXlSTTNG R NE N. 79 -49 AVONDALE COURT 17.5' R/IY 5 `'$ LOT 4 l l LOT 3 DRAWING OF PART OF AVONDALE COURT TD BE VACATED AND PART OF LOT 270 BE DEDICATED IN 7NE PLAT DF AVONDALE COURT AS SHOWN /N PLAT BOOK 6, PAGE 26 OF THE CLARK COUNTY, IND/ANA RECORDS. NOTE- THIS DR4W/NG DOES NOT REPRESENT A RETRACEMENr OR/G/NAL OR ROUTE SURVEY OR SURVEYOR LOCATION REPORT. ~rr~a'~~ ~+ zoio ea~nxx". ow .~, Land Suncyvm / .. P.G N/ ngM1ty reeervM. BL 4NK~NBEKER & SON FOR DENNIS HUBER LlND SURYB'YORS INC., P. C. 7740 EAST 10TH STREET 618 E. COURT AVENUE P.O 90X 157 JEFFERSONVILLE, IN. 47130 JEFFERSONYILLE, JNDIANA 47131-0157 AREA COIJE 812-28.2-4189 JEFFERSONVILLE, IN 47130 DROWN DY. D.R.B. SC.Al~'' 1 "= 40 FEET DATE.' 12 JULY 2010 JOg No. 20,133~A~~a,o= PC~F created with pdfFactory trial version www.adffactary.com ~ Q~ ~ ~ AFFIDAVI & CONSENT OF PROPERTY OWNER Application to the City of Jeffersonville STATE OF INDIANA ) COUNTY OF CLARK )SS: I, WAYNE NOLAN, AFTER BEING DULY SWORN, DEPOSE AND SAY THE FOLLOWING: 1. That I am the authorized agent of Pinnacle Properties Development Group, LLC ("Pinnacle"); 2. Pinnacle is the owner of real estate located at 1740 E. 10th Street, Jeffersonville, Indiana; 3. That I have read and examined the Application made to the City of Jeffersonville by: Huber's Auto Sales, LLC, Case #: ; 4. That I have no objections to, and consent to the request(s) described in the Application made to the City of Jeffersonville. WAYNE NOLAN, a or' n wn ature STATE OF INDIANA COUNTY OF CLARK Subscribed and sworn to before me this ~ day of June, 2010. My Co ~ i sio ~ pires: T ~~~ j~ Notary Public .~/a•,, M /~i~~/eso~TP Printed Name Resident of ~~County X:\100372 - Huber's Auto\1738 10th Street Purchase\Aff & Consent of Property Owner3.docx Applegate Fifer Pulliam LLC 428 Meigs Avenue, Jeffersonville, IN 47130 812.284.9499 ~ 812.282.7199 fax ~ www.afpfirrn.com NOTICE OF PUBLIC HEARING REGARDING PETITION TO VACATE PUBLIC WAY NOTICE is hereby given that the petitioner, Huber's Auto Sales, LLC, has filed with the Common Council of the City of Jeffersonville, Indiana (the "City"), a petition to vacate public way consisting of that part of Avondale Court between Lots 1 and 6 of Avondale Court and Lot 2 of Avondale Court (the "Street")more particularly described as follows: Being a part of Avondale Court (a 17.5 foot R/W street), in Avondale Court Subdivision, as shown in Plat Book 6, Page 26 of the Clark County, Indiana records and being further described as follows: Beginning at the southwest corner of Lot 1 in said Subdivision; Thence 5.79°49'31 "E., along the north Right-of-Way line of Avondale Court, 152.88 feet; Thence continuing along said Right-of-Way line, 50.49 feet along the arc of a 48.71 foot radius curve to the right (concave southwesterly) being subtended. by a chord bearing 5.52°57'28"E., 48.71 feet.; Thence continuing along said. Right-of- Way line, 35.67 feet along the arc of a 45 foot radius curve to the left (concave northeasterly) being subtended by a chord bearing 5.49° l 3'24"E., 34.75 feet to the southeast corner of said Lot 1, being also the southwest corner of Lot 6 in said Subdivision; Thence S.77°20'57"W., 39.68 feet to a point on the southern Right- of-Ray line of said Avondale Court; Thence along said Right-of--Way line, 58.43 feet along the arc of a 37.19 foot radius curve to the left (concave southwesterly) being subtended by a chord bearing N.34°12'W., 52.6 feet; Thence continuing along said Right-of--Way line, N.79°49'31"W., 158.56 feet to the northwest comer of Lot 2, being on the eastern Right-of--Way line of East Tenth Street; 'Thence N.28°0$'28"E., along said eastern Right-of--Way line, 18.4 feet to THE PLACE OF BEGINNING. Containing 4104 square feet, Petitioner has requested to have said Street vacated in its entirety. The original petition is on file in the office of the Jeffersonville Clerk-Treasurer at Jeffersonville City Hall, 500 Quartermaster C_'ourt, Jeffersonville, Indiana, and may be inspected during regular business hours. Notice is further given. that a public hearing on the petition will be held by fhe Common ~`ouncil at its regular meeting on August 2, 2010, at 7:30 o'clock p.m. (prevailing local time), in the C-ity Council Chambers on the First Floor of Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. All interested persons shall be heard at such public hearing regarding the matters set out in said petition. Such notice is given. this the day of July, 2010. /s/ Peggy Wilder, Jeffersonville Clerk Treasurer This notice pr°epared by: Alan Applegate AI'1'LEGATE FIFER PULLIAM 428 Meigs Avenue Jeffersonville, Indiana 47131-1418 (812)284-9499 Attorney for Petitioner 2