HomeMy WebLinkAbout2013-OR-13ORDINANCE NO. 13 -OR- / 3
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC RIGHT-OF-WAY
IN THE CITY OF JEFFERSONVILLE
WHEREAS, on May O , 2013, The City of Jeffersonville, Clark County, Indiana,
filed his Petition to Vacate a Portion of a Public Right -Of -Way in the City of
Jeffersonville, which public right-of-way is described as being part of Howell Street, in
Highland Heights, as shown in Plat Book 6, Page 97 of the Clark County, Indiana records
as described in Exhibit "A" and as shown in Exhibit "B" being situated in Jeffersonville,
Clark County, Indiana, with the Jeffersonville Common Council (the "Council"), which
petition reads as follows: PETITION TO VACATE A PUBLIC RIGHT-OF-WAY
IN THE CITY OF JEFFERSONVILLE; and
WHEREAS, notice of a public hearing on the City's Petition to Vacate the Public
Right -Of -Way was published in the Evening News on May 10, 2013 and
WHEREAS, notice of a public hearing on the City's Petition to Vacate was mailed
by certified mail to each owner of land that abuts the property; and
WHEREAS, on May 20, 2013 at 7:00 pm the Council held a public hearing on the
City's Petition and made the following findings:
1. The best use of the property would be to vacate it, as it is not needed or used for
ingress or egress for any purpose.
2. The vacation of the property as described herein would not injure the public
health, safety, welfare or morals of the community.
3. It would be in the best interest of the City Council to grant the City's Petition to
vacate the property.
NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions
of I.C. 36-7-3-12, that the public right -of- way described as being a part of Howell
Street, in Highland Heights, as shown in Plat Book 6, Page 97 of the Clark County,
Indiana records as described in Exhibit "A" and as shown in Exhibit "B" being situated in
Jeffersonville, Clark County, Indiana, is hereby vacated and the Glerk Trcasxrcr is OO)IJS
hereby instructed to record a copy of this Ordinance in the office of the Clark County 4°
Recorder and deliver a copy of this Ordinance to the Clark County Auditor.
This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this az) day of May, 2013.
ATTEST:
Vicki Conlin
Clerk
Connie Sellers
President
Presented by me as Clerk to the Mayor of the City of Jeffersonville,
Indiana thi0 / day of May, 2013 at o'clock .m.
_7:10.1/641;
Vicki Conlin
Clerk
This Ordinance approved and signed by me this a day of May 2013 at
o'clock .m.
\}
Mike 1`
oore, Mayor
Exhibit A
Legal Description
Being a part of Howell Street , in Highlands Heights, as shown in Plat Book 6,
Page 97, of the Clark County, Indiana records and being further described as follows:
Beginning at an iron pipe on the north corner of Lot 3 in Block 8 in said Highland
Heights; Thence N. 35.52'28"W., along the southwest Right -Of -Way line of said Howell
Street , 74.09 feet to THE TRUE PLACE OF BEGINNING:
Thence continuing N.35.52'28"W, partially along said Right -Of -Way line, 90.38
feet to an iron pipe on the northwest Right -Of -Way line of Valley Road; Thence
N.63.57'32"E., along said northwest Right -Of -Way line, 40.6 feet to an iron pipe;
Thence S.35.52'28"E., partially along the northeast Right -Of -Way line of said Howell
Street, 83.45 feet; Thence S.54.07'32"W., 40 feet to THE TRUE PLACE OF
BEGINNING.
Containing 3477 square feet and subject to all easements of record.
Exhibit "B"
N
EN
LOT I
40.6
3477 S.F.,'
co
O
o
40'
S 5407'32" W
.102'2
0,ti
L07' 8
PLAT FOR ROAD VACATIONS
N 6357'32" E
y'Y.R�
(VACATED) >'
LOT 3
N 3552'28"
LOT 2
CJIARZA'STONN AVENUE 43' R/IT
406,
4533 S.F
t
co co
oi
�LOT I
40'
5407'32" W
L07' 2
DRAWING OF PART OF HOWELL STREET AND MOHAWK STREET IN HIGHLAND HEIGHTS AS SHOWN IN PLAT BOOK
6, PAGE 97 OF THE CLARK COUNTY, INDIANA RECORDS.
NOTE: 77 -IIS DRAWING DOES NOT REPRESENT A RETRACEMENT, ORIGINAL OR ROUTE SURVEY OR SURVEYOR'S
LOCATION REPORT.
Copyright ® 1013 Blonkenbeker and Son
Land Surveyors Inc., P.C. Ad rlghtr reaerwd.
BLANNLNBFNLR cc SON
LAND SURVA'TORS INC. P. C.
618 E. COURT AVENUE P. O. BOX 157
JEFFERSONVILLE, INDIANA 47131-0157
TELEPHONE 812-282-4188
WWW BLANKENBEKER4NDSON.NET
FOR: CITY OF JEFFERSONWLLE
X ANDY CROUCH, CITY ENGINEER
500 QUARTERMASTER COURT
JEFFERSONWLLE, IN. 47130
DRAWN BY.• D.R.B.
SCALE r= 40 FEET
DATE• 5 MARCH 2013
JOB No. 20,947
I
FILE if2094Z0WQ
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BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION
OF THE CITY OF JEFFERSONVILLE, CLARK COUNTY, IN
TO VACATE APPROXIMATELY 3477 SQUARE FEET LOCATED
IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY,
INDIANA -as described in Exhibit "A" and as shown in Exhibit "B" of the
Petition
NOTICE OF HEARING ON PETITION TO VACATE
APPROXIMATELY 3477 SQUARE FEET
IN CITY OF JEFFERSONVILLE, INDIANA- AS DESCRIBED IN EXHIBIT "A"
AND AS SHOWN IN EXHIBIT "B" OF THE PETITION
Notice is hereby given that The City of Jeffersonville, Clark County, Indiana
has filed a Petition with the Jeffersonville City Council, Jeffersonville, Indiana asking for
the vacation of an abandoned portion of the right-of-way of a part of Howell Street, in
Highland Heights, totaling approximately 3477 square feet located in Jeffersonville,
Clark County, Indiana, described as Exhibit "A" and as shown as Exhibit "B" of the
Petition and being situated in Jeffersonville, Clark County, Indiana.
A public hearing will be held on May 20, 2013 at 7:00 p.m. in the Council
Chambers, Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana at
which time and place all interested persons will be heard in reference to the matters set
out in said petition.
Leslie D. Merkley
City Attorney
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812) 285-6423
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE, INDIANA
PETITION TO VACATE A PUBLIC RIGHT-OF-WAY
IN THE CITY OF JEFFERSONVILLE
Petitioner, City of Jeffersonville, petitions the City Council to vacate the public right-of-way
located on a piece of property more specifically described as a part of Howell Street, in Highland
Heights, as shown in Plat Book 6, Page 97 of the Clark County, Indiana records described as
Exhibit "A" and as shown as Exhibit "B" being situated in Jeffersonville, Clark County, Indiana.
In support of this petition, the City states as follows:
1. The names and addresses of all owners of land abutting the property are:
Sandra Smith, 1722 Johnny Drive
Richard and Brenda Hamilton, 501 Howell Avenue
Denise L. Hall, 600 East Charlestown Avenue
Martin and Amy E. Short, 504 Mohawk Drive
Eugene R. and Evelyn Lilly, 304 ValleyDale Drive
2. The vacation of the property as described herein would not injure the public health,
safety, or morals of the community.
3. It would be in the best interest of the City of Jeffersonville to grant the petition set forth
above.
WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12, that the City
of Jeffersonville vacate a public right-of-way located on the above described property.
Leslie D. Merkl
City Attorney