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HomeMy WebLinkAbout2011-OR-04 ' w BILL ORDINANCE NO. . a-011-012-- �{- AN ORDINANCE VACATING ALLEYWAYS, ROADWAYS AND PUBLIC WAYS • AN ORDINANCE FOR THE VACATION OF AN ALLEYWAYS, ROADWAYS AND PUBLIC WAYS, PURSUANT TO A PETITION FILED BY ERNSTBERGER • ENTERPRISES, INC., PAUL J. ERNSTBERGER AND FRANCES L. ERNSTBERGER, INDIVIDUALLY AND AS TRUSTEES OF THE FRANCES LAVERNE ERNSTBERGER LIVING TRUST BE IT ORDAINED by the Jeffersonville City Council, Jeffersonville, Indiana, pursuant to I.C. 36- 7 -3 -12, that SECTION 1. The application filed by ERNSTBERGER ENTERPRISES, INC., PAUL J. ERNSTBERGER AND FRANCES L. ERNSTBERGER, INDIVIDUALLY AND AS TRUSTEES OP THE FRANCES LAVERNE ERNSTBERGER LIVING TRUST, requesting the vacation of those unimproved alleyways, roadways and right-of-ways described as follows and being in the County of Clark, State of Indiana, to -wit A FIFTEEN (15) FOOT WIDE STRIP OF LAND HAVING BRFN A PORTION OF THE JOHN W. FRANK'S SUBDIVISION, BUT NOT SUBDIVIDED, AT PLAT BOOK 3, PAGE 72, AND PLAT BOOK 4, PAGE 45, COMMENCING AT THE NORTHWEST BOUNDARY OF WHAT WAS SHOWN AS LOT 7 AND LOT 17 OF SAID JOHN W. FRANK'S SUBDIVISION AND EXTENDING IN A NORTHWESTERLY DIRECTION FIFTEEN (15) FEET WIDE TO ITS TERMINATION AT THE MOST NORTHWESTERLY BOUNDARY LINE AS REFLECTED ON THE PLAT. AND ALSO, A THIRTY (30) FOOT RIGHT -OF -WAY AS SHOWN IN THE JOHN W. FRANK'S SUBDIVISION SHOWN ON PLAT, BUT NOT SUBDIVIDED, AT PLAT BOOK 3, PAGE 72, AND PLAT BOOK 4, PAGE 45, COMMENCING AT THE NORTHWEST BOUNDARY OF LOT SEVEN (7) AND CONTINUING TO ITS TERMINATION AT LOT NUMBER ONE (1), AND BEING THIRTY (30) FEET WIDE AND BEING SOUTHWEST OF THOSE LOTS SHOWN IN THE BRACH FAIR VIEW SUBDIVISION, BLOCK NO. 1, PLAT BOOK 4, PAGE 107, COMMENCING AT LOT TWENTY -FIVE (25) AND RUNNING BEHIND LOTS TWENTY -FIVE (25), TWENTY -SIX (26), TWENTY- . . SEVEN (27), TWENTY -EIGHT (211), TWENTY-NINE (29), THIRTY (30), THIRTY -ONE (31), THIRTY -TWO (32), THIRTY-THREE (33), THIRTY - FOUR (34), THIRTY -FIVE (35), THIRTY -SIX (36), THIRTY-SEVEN (37) AND THIRTY-EIGHT (31) AT ITS TERMINATION WHERE IT MEETS A PREVIOUSLY VACATED ALLEYWAY HAVING BEEN VACATED JULY 26,1994 AT ORDINANCE NUMBER 94-0R -26, THE SAME • • I-IAVING BEEN RECORDED IN DEED DRAWER 26, INSTRUMENT NUMBER 11703. SECTION 2. That the vacation of the unimproved right -of -ways described hereinabove is subject to the right of the City of Jeffersonville or the appropriate utility, to maintain, repair and replace any existing utilities, including natural or man -made drainage facilities, along the portion of the street, unimproved right -of -ways and /or alley ways herein described that has been vacated. SECTION 3. That the vacation shall not affect governmental rights to those areas designated as • flood mays, flood plains, and /or flood ponding ateas. SECTION 4. This Ordinance vacating the above - described property in Clark County, Indiana shall be in the full force and effect from and after its passage. A Dated this day of February, 2011. COMMON COUNCIL OF THE CITY OF JEFF O t. IANA B• THOMAS R. f IGAN, Mayor A EST: Proof of STATE OF INDIANA Publication COUNTY OF CLARK - SS STATE OF INDIANA COUNTY OF CLARK BEFORE THE JEFFERSONVILLE CITY COUNCIL ERNSTBERGER ENTERPRISES, INC. Kell Wells On oath says PAUL J. ER NSTBERGER AND Y y that she is the FRANCES L. ERNSTBERGER, INDIVIDUALLY bookkeeper of The Evening News and in AND AS TRUSTEES OF TIIE FRANCES LAVERNE ERNSTBERGER LIVING TRUST. Petitioner NOTICE OFPUBLICHEARING the employ of the publisher of ON PETITICNTO VACATE ALLEYVIAYS,ROADV AND PUB LIC WAY$ N:Y.'nr. Lchoreoygiven loaf Pntitmor ERNSTBERGER ENTERPRISES. INC., PAUL J. ERNSTBERGER AND FRANCES L. ERNSTBERGER, LY AND LIVING INDIVIDUAL TRUSTEES OF THE FRANCES LAVERNE THE EVENING NEWS, ERNSTBERGER INDIVIDUALLY LI NG TRUST. Fete riled a P FRA to Vacate Unlm proved � i and and Ways in Clark County. Indiana mote paRk- A FIFTEEN (15) FOOT WIDE STRIP OF LAND HAVING BEEN A POR- TION OF THE JOHN VJ FRANK'S SUBDIVISION. BUT NOTSUBDIVID. a daily newspaper of general circulation rinted and ED. AT Pi. AT BOCK 3. PAGE 72. AND PLAT BOOK 4 PAGE 45. CONT. P MENCNIG AT SHOWN AS LOT 7 L LOT 17 SA OHN FRANK'SSSUBDIVS published in the city of Jeffersonville, Clark County, SION AND EXTENDING IN A NORTHWESTERLY DIRECTION FIF. State of Indiana, and further says that the annexed TEEN 15) FEET WIDE TO !TS TERMINATION AT THE MOST NORTH- 1 WESTERLYBOUNDARY LINE AS REFLECTED ON THE FLAT. advertisement was published in said paper for AND ALSO. #( ) time(s) to - In issue of said The Evening News A THIRTY (301 FOOT RIGI4T -OF -WAy AS SHOWN IN THE JOHN W I I FRANK'S SUBDIVISION SHOWN ON PLAT, BUT NO1 SUBDIVIDED. dated: � I / , 2011. AT PLAT BOOK 3. PAGE 72. AND PLAT BOOK 4. PAGE 45. COM. MENDING AT THE NORTHWEST BOUNDARY OF LOT SEVEN (7) AND CONTINUING TO ITS TERMINATION AT LOT NUMBER ONE 0), AND BEING TARTY (SOUTHWEST WIDE AND BEING SOU O THOSE LOTS SHOWN IN THE BEACH FAIR VIEW THWE ISIION BLOCK NO. 1, PLAT BOOK 0, PAGE 197. COMMENCING AT LOT (X) 646o (?-rag....) TWENTY.RVE (25) AND RUNNING BEHIND LOTS TWENTY -FIVE (25), TWENTY-SIX (20), TWENTY -SEVEN (27), TWENTY - EIGHT (28, TWENTY -NINE (28), THIRTY (30), THIRTY-ONE (31), THIRTY-TWO J2). THIRTY-THREE (33). THIRTY-POUR (34). THIflTY -FIVE (35). HIRTY.SIX (3$), THIRTY -SEVEN (37) AND THIRTY -EIGHT (38) AT LEYWA Y H N WHERE HAVING BEEN VACATED IC S 2E A, 1994 AT ACAINmOE STATE OF INDIANA ITS T A HAVIG EEN IT MEETS A JULY PREVIOUSLY O 4 VACATED AT TED AL. NUMBER 84 -0R -26. THE SAME HAVING BEEN RECORDED IN DEED DRAWER 28. INSTRUMENT NUMBER 11703 All persons are Iteby noed'Nd that a putlic heating BEFORE THE .IEF. COUNTY OF CLARK FERSONYILLE CRY COUNCIL nil he held on the 261h day of Fo2maiy. 2011, al 6 30 o'clock p m . at en lollcnng address: 500 Osaileununler Coast Rao•n 101, JetgNanvllIA. IN 47137. W'nilen objections Ibat are tiled prior to tee headn0 nit to ocnsidtretl. Oral comments nil be heard at the heard$ Tho heating may be rnn:in. tied kern kme to lime as may to neeasEary. Subscribed and sworn to before me this Datod the 10th day of February. 2011 , slit Perm Willer. Oak-Treasurer ST day of _ 1 y��J „�,, 2011. (X) /44 Joann alligan Notary Public, Clark County, Indiana (My Commission Expires August 27, 2014) x , 5.. 385 Publication Fee $ f x/3.35 STATE OF INDIANA COUNTY OF CLARK BEFORE THE JEFFERSONVILLE CITY CAUNCL ERNSTBERGER ENTERPRISES, INC, Docket # : PAUL J. ERNSTBERGER AND FRANCES L. ERNSTBERGER, INDIVIDUALLY AND AS TRUSTEES OF THE FRANCES LAVERNE ERNSTBERGER LIVING TRUST Petitioner PETITION TO VACATE ALLEYWAYS, ROADWAYS AND PUBLIC WAYS COME NOW E RNSTBERGER ENTERPRISES, INC., PAUL J. ERNSTBERGER AND FRANCES L. ERNSTBERGER, INDIVIDUALLY AND AS TRUSTEES OF THE FRANCES LAVERNE ERNSTBERGER LIVING TRUST, by Paul J. Emstberger, after first being duly sworn upon his oath and state: 1. That he is one the principals of the owners of real estate situate in the City of Jeffersonville, County of dark, State of Indiana, 111 mom specifically described as follows, to-wit TRACT LOTS NUMBERS THIRTY -SEVEN (37) AND THIRTY -EIGHT (38) IN • BLOCK NO. 1 OF THE BEECH FAIRVIEW SUBDIVISION.AS SHOWN ON THE PLAT OF SAID SUBDIVISION OF RECORD IN THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA ALSO BEING A PART OF A 10 FOOT ALLEY IN BEACH FAIR VIEW SUBDIVISION AS SHOWN INPLATBOOK 4, PAGE 107 OF THE CLARK COUNTY, INDIANA RECORDS AND BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN • MOST CORNER OF LOT NO. 38 IN BLOCK 1 OF SAID BEACH FAIR VIEW SUBDIVISION; THENCE SOUTH 37 DEG. 30' WEST, 120.00 FEET TO THE WESTERNMOST CORNER OF SAID LOT; THENCE NORTH 52 DEG. 30' WEST, 10.00 FEET TO THE NORTH LINE OF THE ALLEY; THENCE NORTH 37 DEG. 3d EAST, ALONG THE NORTH LINE OF SAID ALLEY, 120.00 FEET TO A POINT; THENCE • SOUTH 52 DEG. 30' EAST, 10.00 FEET TO THE PLACE OF BEGINNIING. CONTAINING 1200 SQUARE FEET, MORE OR LESS. TRACT II LOTS NUMBERTHIRTY- -SIX (36) IN BLOCK NO. 1 OF THE BEECH FAIRVIEW SUBDIVISION AS SHOWN ONTHE PLAT OF SAID SUBDIVISION OF RECORD IN THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA TRACT III PARCEL I ALL THAT PARCEL OF LAND SITUATE IN THE CITY OF JEFFERSONVILLE, IN THE COUNTY OF CLARK, AND STATE OF INDIANA, BEING ALL OF LOTS NUMBER 11 AND 12 IN BLOCK NUMBER 1 OF J.W. FRANK'S SUBDIVISION OF LOTS NUMBERS 1 AND 2 OF BEACH AND CUMMIING'S SUBDIVISION, BOUNDED AND DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT A POINT WHERE THE SOUTHEASTERLY LINE OF LAND OF BERT EUBANK AND DOLLYE, HIS WIFE, MEETS THE NORTHEASTERLY LINE OF UNITED STATES ROUTE 31 -E, AT THE WESTERLY CORNER OF SAID LOT NUMBER 11 AND AT THE DISTANCE OP 15 FEET BEARING SOUTH 52 DEG. 25' EAST ALONG SAID NORTHEASTERLY LINE OF UNITED STATES ROUTE 31 -E, FROM THE POINT OF MEETING WITH AN EASTERLY LINE OF LAND OF THE PI'1'1bisURGH, CINCINNATI, CHICAGO AND ST. LOUIS RAILROAD COMPANY, SAID EASTERLY LINE OF LAND BEING PARALLEL WITH AND DISTANT 50 FEET EASTWARDLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE MAIN TRACKOF RAILROAD OF SAID RAILROAD COMPANY, KNOWN AS SOITIHWESTERNDIVISION; EXTENDING FROM SAID BEGINNING POINT, THE FOLLOWING FOUR COURSES AND DISTANCES: (1) NORTH 38 DEG. 30' EAST ALONG PART OF SAID SOUTHEASTERLY LINE OF LAND OF BERT EUBANK AND DOLLYE, HIS WIFE, BEING ALONG THE NORTHWESTERLY LINE OF LOT NUMBER 11156.5 FEET TO THE NORTHERLY CORNER OF SAID LOT NUMBER 11, AT THE POINT OF MEETING WITH THE SOUTHWESTERLY LINE OF A PLATTED ALLEY, 10 FEET WIDE; (2) SOUTH 52 DEG. 25' EAST ALONG PART OF SAID SOUTHWESTERLY LINE OF THE PLATTED ALLEY, BEING ALONG THE NORTHEASTERLY LINES OF LOTS NUMBERS 11 AND 12 OF SAID -' SUBDIVISION, 120.0 FEET 10 THE POINT OF MEETING WITH THE LINE DIVIDING LOT NUMBER 12 ON THE NORTHWEST, FROM LOT NUMBER 13 ON THE SOUTHEAST, BEING ALSO A NORTHWESTERLY LINE OF LAND OF OTHER OWNERS; (3) SOUTH 38 DEG. 30' WEST ALONG SAID LAST MENTIONED LOT DIVIDING LINE, BEING ALONG SAID NORTHWESTERLY LINE OF LAND OF OTHER OWNERS, 1565 FEET TO SAID NORTHEASTERLY LINE OF UNITED STATES ROME 31 -E AT THE SOUTHERLY CORNER OF SAID LOT NUMBER 12; AND (4) NORTH 52 DEG. 25' WEST ALONG SAID NORTHEASTERLY LINE OF UNITED STATES ROUTE 31 -E, BEING ALONG THE SOUTHWESTERLY LINES OF LOTS NUMBERS 12 AND 11 OF SAID SUBDIVISION, 120.0 FEET TO THE PLACE OF BEGINNING. CONTAINING 18,780 SQUARE FEET OR 0.43 OF AN ACRE, MORE OR LESS. PARCEL PART OF LOT NO. 5 OF THE PARTITION OF THE LAND SET OFF TO SAMUEL BEACH AND HENRIETTA CUMMINS IN THE SUBDIVISION OF THE ESTATE OF WILLIAM E. BEACH, DECEASED (SAME COMMONLY KNOW AS "CUMMINS SUBDIVISION"), PART OF SURVEY NO. 8 OF THE ILLINOIS GRANT AS THE SAME WAS SURVEYED AND PLATTED BY J. JOI I' ON, BOUNDED AND DESCRIBED AS FOLLOWS: VIZ: BEGINNING AT A POINT WHEREIN THE LINE DIVIDING LOT NUMBER 5 OF THE CUMMINS' SUBDIVISION ON THE NORTHWEST FROM LOT NUMER 11, OF THE J.W. FRANK'S SUBDIVISION OF LOTS NUMBER 1 AND 2 OF THE BEACH AND CUMMINS' SUBDIVISION ON THE SOUTHEAST, MEETS THE NORTHEASTERLY LINE OF US. HIGHWAY ROUTE NUMBER 31 -E; EXTENDING FROM SAID BEGINNING POINT THE FOLLOWING FOUR COURSES AND DISTANCES: (1) NORTH FIFTY -TWO DEG. TWENTY- -FIVE MINUTES WEST, ALONG SAID NORTHEASTERLY LINE OF US. HIGHWAY ROUTE NUMBER 31 -E, FIFTEEN FEET TO A POINT; THENCE NORTH 3 DEG. 14' WEST ON ALINE PARALLEL WITH AND DISTANT 50 FEET MEASURED EASTWARDLY AT RIGHT ANGLES AND RADIALLY FROM THE LINE ESTABLISHED AS THE CENTER LINE OF THE MAIN TRACK OF THE OLD P.GC AND ST. L. RR. COMPANY A DISTANCE OF 460 FEET, MORE OR LESS, TO A STAKE; THENCE SOUTH52 DEG. EAST A DISTANCE OF 300 FEET, MORE OR LESS, TO A STAKE IN THE SOUTH LINE OF LOT NO. 5 AND IN THE EAST LINE OF FRANK STREET; THENCE SOUTH 38 DEG. 30' WEST ALONG THE NORTH LINE OF SAID J. W. FRANK'S SUBDIVISION, ADISTANCE OF 350 FEET, MORE OR LESS, TO A STAKE, THE TRUE PLACE OF BEGINNING. SUBJECT TO EASEMENTS, HIGHWAYS, AND RESTRICTIONS OF RECORD. CONTAINING 1.7 ACRES, MORE OR LESS. SUBJECT TO THE OIL AND MINERAL RIGHTS RESERVED BY THE • PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD COMPANY, AS SET OUT INDEED RECORD 217, PAGES 109.111, IN THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA.. TRACT IV LOIS NOS. 1, 2, 3, 4, 5, 5,13,14,15, AND 16 IN BLOCK NO.2 OF FRANK'S SUBDIVISION, AS SHOWN IN PLAT BOOK 3, PAGE 72 AND IN PLAT BOOK 4, PAGE 45 INTHE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA. AND 020-6-0180 LOT NUMBERS THIRTY -THREE (33) AND THIRTY -FOUR (34) IN BLOCK NO. 1 OF BEECH FAIRVIEW SUBDIVISION AS SHOWN BY PLAT FILED IN THE RECORDERS OFFICE OF CLARK COUNTY, INDIANA IN PLAT BOOK 4, PAGE 107; SUBJECT TO ANY AND ALL EASEMENTS AND /OR RESTRICIIONS OF RECORD AFFECTING THIS REAL ESTATE. AND 020-6-0190 LOT NO. THIRTY-TWO (32) IN BLOCK NO. 1 OF BEECH FAIRVIEW SUBDIVISION AS SHOWN BY PLAT FILED IN THE RECORDERS OFFICE OF CLARK COUNTY, INDIANA IN PLAT BOOK 4, PAGE 107; SUBJECT TO ANY .AND ALL EASEMENTS AID /OR RESTRICTIONS OF RECORD AFFECTING THIS REAL ESTATE. AND 020-6-0390 LOT NO THIRTY -FIVE (35) IN BLOCK NO. 1 OF BEECH FAIRVIEW SUBDIVISION AS SHOWN BY PLAT FILED IN THE RECORDER'S OFFICE OF CLARK COUNTY, INDIANA IN PLAT BOOK 4, PAGE 107; SUBJECT TO ANY AND ALL EASEMENTS AND /OR RESTRICIIONS OF RECORD AFFECTING THIS REAL ESTATE. AND 019-1-0280 BEING A PART OF LOT NO. 5 AND 6 OF CUMMINS SUBDIVISION IN SURVEY 118 OF THE ILLINOIS GRANT, CLARK COUNTY, INDIANA, AMID MORE SPECIFICALLY DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE SOUTH LINE OF LOT NO. 5 AND THE EAST LINE OF FRANK STREET, IF EXTENDED, THE TRUE PLACE OF BEGINNING OF THE. 'TRACT HEREIN DESCRIBED; THENCE NORTH 55 DEG. 05' 00" WEST, 30737' TO A POINT IN TfhE EASTERN RIGHT-OF-WAY LINE OF THE P.GC & ST. LOUIS RAILROAD; THENCE NORTH 4 DEG. 14' 12" WEST, 36324' TO ANOTHER POINT IN SAID LINE; THENCE CONTINUING ALONG SAID RIGHT -OF -WAY LINE NORTH 1 DEG. 27' 00" WEST, 16.52' 70 A POINT; THENCE SOUTH 55 DEG. 05' 00" EAST, PASSING A PIPE AT 0.06' AND 443.02' AND CONTINUING A TOTAL DISTANCE OF 460.73' TO A POINT IN A DITCH; THENCE SOUTH 26 DEG. 48' 00" EAST, 12120' TO A POINT; THENCE SOUTH 55 DEG. 05' 00" 'WEST, 70.00' TO A PIPE; THENCE SOUTH 35 DEG. 21' 00" WEST, 175.00' TO THE BEGINNING, CONTAINING 2.6844 ACRES. 2. That within the above described real estate there are certain public streets and/or roadways and/or alleyways, which limit the Petitioners' use of said real estate, and are presently unimproved and do not serve anyone other than the Petitioners herein. 3. That the alleyways, roadways and/or right -of -ways, in some instances may not have been dedicated and accepted bythe City of Jeffersonville, more specifically, those being in the John W. Frank's Subdivision, as shown on a Plat, but not subdivided in Plat Book 3, Page 72, and Plat Book 4, Page 45, being a fifteen (15) foot unnamed alleyway contained within the above described description and attached in that certain survey drawing by Bob Isgrigg and Associates, attached hereto as Exhibit "A ". 4. That the alleyways, roadways and/or right -of -ways, also include a certain thirty (30) foot wide right -of -way, commonlyknown as Frank Avenue, having eighteen (18) +/- feet of paved public roadway and being located as part of the Beech Fairview Subdivision, Block One, Plat Book, 4, Page 107, and all alleyways contained therein, as also shown on the attached surveydrawing of Bob lsgrigg and Associates, attached hereto as Exhibit "A ". 5. That the names and addresses of the owner of land that are nearest or abutting the real estate to be vacated are shown in the attached Exhibit "B ". 6. That it is believed that the Petitioners request may also require the quieting of tide to those areas not dedicated to the Gty of Jeffersonville and/or accepted by the Gty of Jeffersonville. 'WHEREFORE, Petitioners request the vacation of those alleyways, roadways and unimproved right -of -ways described herein, pursuant to I.C. 36.7.3 -12, and all other proper relief in the premises. I AFFIRM UNDER THE PENALTIES PROVIDED FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT. ERNSTBERGER ENTERPRISES, INC By. Pauli Emstberger PAUL J.ERNSTBERGER FRANCES L.ERNSTBERGER PAUL J .ERNSTBERGER,ASTRUSTEES OF THE FRANCES LAVERNE ERNSTBERGER LIVING TRUST FRANCES L. ERNSTBERGER, AS TRUSTEES OF THE FRANCES LAVERNE ERNSTBERGER LIVING TRUST • / f i pa • O • 0 1 3 i , t W 0 1 1( rt 11 �� _. Vii£ i + ,� it# Ii? ! 1 { ' �,1>it t n � i, 111 � -`- ;, i f ' i • I ! i . l'• + i:. L--. �_ illei i n . • • i I I -6 it N 4 - • a - - { i t ;i r~ lit — t , I 1 i . _ � 1 "1-- - 3a- ------- ! R -.71.- bI \"" tail ii i .. l L � 1 , i .k i p ,---:. r —I i osiscxrcca �- �— 1 / s b, ® W / 1 O ILT 01. AIFDT111E8UNET 1 A GA7 y Is" 'fli m,I I FSiIf^SIF1d0W __Hui. JJ i ` ON6T,FL BY WCL � ! i N • . & bl+ 1 • Exhibit "B" (Names and Addresses of adjoining property owners) •