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BILL ORDINANCE NO. . a-011-012-- �{-
AN ORDINANCE VACATING ALLEYWAYS,
ROADWAYS AND PUBLIC WAYS
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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
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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
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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
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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
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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
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Exhibit "B"
(Names and Addresses of adjoining property owners)
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