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COMMON COUNCIL OF CITY OF JEFFERSONVILLE JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION INTERNATIONAL, INC. and MARY AGNES OF CHRIST GOSPEL CHURCHES MASS TO VACATE A PORTION OF OAKWOOD DRIVE AND DOGWOOD AVENUE IN THE CITY OF JEFFERSONVILLE ORDINANCE GRANTING PETITION TO VACATE PORTION OF OAKWOOD DRIVE AND DOGWOOD AVENUE Comes now Christ GoSpel Churches International, Inc. and Mary Agnes Mass, hereinafter referred to as Petitioners, and the Petitioners having heretofore filed their Petition to Vacate Portion of Oakwood Drive and Dogwood Avenue, which petition is attached to and made a part of this Ordinance as Exhibit A, 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, a copy of which notice is attached to and made a part of this Ordinance as Exhibit B, 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 granted. IT IS THEREFORE ORDAINED by the Common Council of the City of Jeffersonville that the real property located in Clark County, Indiana, shown on Exhibit C and described in Exhibit D, which are attached to and made a part of this ordinance, shall be and is hereby vacated by the City of ~f~l~,X.~J~ that the fee simple title to said portion of said $:~=~all vest in Christ Gospel Churches International, Inc. SO ORDERED this ~/ day of ./~..~ , 199~. This Ordinance prepared by: Barbara ti. Young /~IIAN, ~S.C. LYNCII, COX, GILMAN & 521 East Seventh Street Jeffersonville, Indiana 47130 (812) 283-7838 Ind. St. Ct. No. 1500322 STATE OF INDIANA ) ) SS. COUNTY OF CLARK ) BEFORE THE BOARD OF PUBLIC WORKS OF TEE CITY OF JEFFERSONVILLE IN THE MATTER OF THE PETITION /~ OF CHRIST GOSPEL CHURCHES INTERNATIONAL, INC. ~ and MARY AGNES MASS ~ PETITION TO VACATE PORTION OF OAKWOOD DRIVE AND DOGWOOD AVENUE The undersigned Petitioners, sole abutting property owners of the roads known as Oakwood Drive and Dogwood Avenue, present this petition and request that those portions of Oakwood Drive and Dogwood Avenue which were not vacated in the December 26, 1973 Order of the City of Jeffersonville which vacated a plat of City Lots in the Edgewood Court Subdivision and portions of Dogwood Avenue, Ashwood Drive and Oakwood Drive, and which are more particularly described in Exhibit A, which is attached to and incorporated herein by reference, 1) be hereby vacated by the City of Jeffersonville so that the entire length of Dogwood Avenue and Oakwood Drive located in the Edgewood Court Subdivision becomes private property, and the fee simple title to said portions of Oakwood Drive and Dogwood Avenue be vested in Petitioner Christ Gospel Churches International, Inc. 2) l) In support of this petition, Petitioners state as follows: Petitioner Mary Agnes Mass, of 3 Oakwood Drive, Jeffersonville, Indiana, 47130, by Deed dated May 23, 1990, conveyed to Petitioner Christ Gospel Churches International, 3) 4) 5) 6) Inc. a remainder in fee simple in Subdivision. Petitioner Christ Gospel Churches Highway 62 and Oakwood Drive, P. O. Lot 3 of Edgewood Court International, Inc., of Box 786, Jeffersonville, Indiana 47131-0786, holds the fee simple title to all other lots which adjoin the portions of Oakwood Drive and Dogwood Avenue herein petitioned to be vacated. No person, firm or corporation will be injured by such vacation. The restrictions and easements of record will not change. All interests of the utilities, including PSI, Indiana Gas, Indiana Bell, and Indiana City Water shall remain as they currently exist. For some time, Christ Gospel Churches International, Inc. has maintained the access road (approximately one-half block) and has a strong interest in continuing to do so, since its members use this road to attend church. It is no longer necessary for the City of Jeffersonville to maintain these roads as public highways, and it would be in the best interest of the undersigned and the community to vacate the remainder of Oakwood Drive and Dogwood Avenue. Attached are copies of the deeds to all adjoining lots, a copy of the plat of Edgewood Court, and a copy of the December 26, 1973 Order. Petitioners that said WHEREFORE, pray Drive and Dogwood Avenue be vacated and the fee vested in Christ Gospel Churches International, Dated this 23rd day of Decembe~r 1993 portions of Oakwood simple title be Inc. Mary Agnes Mass, getitioner STATE OF INDIANA COUNTY OF CLARK Christ Gospel Churches International, Inc. SS. S?BSCRIBED AND SWORN~ore me this ~ day of D_ecember, NOTARY P~Li~ k_3 {\ STATE-AT-LARGE, INDIANA My commission expires: January 16, 1996 Mailing Address: P. O. Box 5355 Louisville, KY 40255-5355 (502) 458-3144 Respectfully submitted, Barbara H. Young LYNCH, COX, GILMAN & 521 East Seventh Street Jeffersonville, Indiana 47130 (812) 283-7838 Ind. St. Ct. No. 1500322 Counsel for Petitioners Rollyn H. Blankenbeker, P.L.S., President David R. Blankenbeker, P.L.S.,Sec.-Treas. Blankenbeker & 422 Meigs Avenue Jeffersonville, Indiana 47130 Land Surveyors Inc, P.C. (812) 282-4183 282-4197 FAX Son P.O. Box 157 Jeffersonville, Indiana 47131-0157 December 15, 1993 DESCRIPTION OF PART OF OAKWOOD DRIVE AND DOGWOOD AVENUE Being a part of Edgewood Court Subdivision as recorded in Plat Book 6, Page 186 of the Clark County, Indiana records and being described as follows: Beginning at a point where the line common to Surveys No. 11 and 12 intersects with the eastern Right- of-Way line of State Route No. 62; thence S. 35°29' E. along the line common to Surveys No. 11 and 12, 711.43 feet to the True Place of Beginning. Thence continuing S. 35o-29' E., 50 feet; Thence S. 54°-31' W., 176 feet; Thence N. 35°-29' W., 160.62 feet; Thence 253.04 feet along the arc of a curve m the left having a radius of 265.37 feet; Thence S. 89°-55' W., 157.75 feet to the Right-of-Way line of State Road No. 62; Thence N. 19°-22, E. along said line, 53.02 feet; Thence N. 89°-55' E., 140.09 feet; Thence 300.72 feet along the arc of a curve to the right having a long chord bearing of S. 62°46' E. and a distance of 289.45 feet; Thence S. 35°-29' E., 90.62 feet; Thence 31.42 feet along the arc of a 20 foot radius curve m the left; Thence N. 54°-31' E., 106 feet to the True Place of Beginning. Containing 0.82 acre, more or less, and being subject m all easements of record. Also: The 48.3 square foot fillet area between the 15 foot tangent and the 15 foot radius arc at the southernmost corner of Oakwood Drive as shown in Plat Book 6, Page 186 of the Clark County, Indiana records, that was previously vacated in cause number 73-C-337 and recorded in Miscellaneous Drawer 5, Instrument 11777 of the Clark County, Indiana records. Also.' The 85.8 square foot fillet area between the 20 foot tangent and the 20 foot radius are at the easternmost corner of Ashwood Drive as shown in Plat Book 6, Page 186 of Clark County, Indiana records, that was previously vacated in cause number 73-C-337 and recorded in Miscellaneous Drawer 5, Instrument 11777 of the Clark County, Indiana records.