HomeMy WebLinkAbout2013-OR-11BILL ORDINANCE NO. ' 1
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 AND CAMPHIRE PROPERTIES, INC.
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 OF THE FRANCES LAVERNE ERNSTBERGER LIVING TRUST, and
CAMPHIRE, PROPERTIES, LLC requesting the vacation of an unimproved alleyway described
as follows and being in the County of Clark, State of Indiana, to -wit:
A TEN (10) FOOT UNIMPROVED ALLEYWAY, NORTHEAST OF
THAT ALLEYWAY VACATED IN 2011 AND COMMENCING AT A 5/8"
BY 24" REBAR AND CAP "ISGRIGG" SET AT GRADE AT THE MOST
EASTERLY CORNER OF LOT NUMBER 31 OF BEECH FAIRVIEW
SUBDIVISION, BLOCK ONE, PLAT BOOK 4, PAGE 107, AND
RUNNING 166.60 FEET IN A NORTHWESTERLY DIRECTION TO A
5/8" BY 24" REBAR AND CAP "ISGRIGG" AT GRADE. THENCE
BEING 10 FEET TO THE SET MAG NAIL AND COLLAR "ISGRIGG"
AT GRADE BEING DIRECTLY SOUTHWESTERLY OF THE
PREVIOUSLY SET REBAR AND THENCE RUNNING IN AN
EASTERLY DIRECTION TO THE 166.60 FEET TO A POINT, AND
THENCE 10 FEET TO THE POINT OF BEGINNING.
SECTION 2. That the vacation of the unimproved right-of-way 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 alleyway herein described that has been vacated.
SECTION 3. That the vacation shall not affect governmental rights to those areas designated as
flood ways, flood plains, and/or flood ponding areas, if applicable.
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.
MAY -14-2013 15:13
STATE OF INDIANA
COLTNT'Y OF C ARK
BEFORE THE JEFFERSONVILLE CITY COUNCIL
ERNSTBERGER ENTERPRISES, INC, Docket # :
PAUL J. ERNSTBERGER AND
FRANCES L. ERNSTBERGER, INDIVIDUALLY
AND AS TRUSTEES OF THE FRANCES
LAVERNE ERNSTBERGER LIVING TRUST
Petitioner
P.01/06
PETITION TO VACATE ALLEYWAY'
COME NOW ERNSTBERGER ENTERPRISES, INC,, PAUL J. ERNSTBERGER
AND FRANCES L. ERNSTBERGER, INDIVIDUALLY AND AS TRUSTEES OF THE
FRANCES LAVERNE ERNSTBERGER LIVING TRUST AND CAMPHIRE
PROPERTIES, LLC, by their attorneys, YOUNG, LIND, ENDRES SE KRAFT, by John A.
Kraft, after first being duly sworn and state:
1. That the above individuals andlor entities are the legal owners and equitable owners
of real estate situated in the City of Jeffersonville, County of irk, State of Indiana, and more
particularly described as follows, to -wit:
TRACT
LOTS NUMBED TITRTY-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 IN PLAT BOOK 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 BEAM FAIR
VIEW SUBDIVISION; THENCE SOUTH 37 DEG. 30' WEST, 120.00
FEET TO THE WESTERN MOST CORNER OF SAID LOT; THENCE
NORTH 52 DEG. 30' WEST, 10.00 FEET TO THE NORTH LINE OF
MAY -14-2013 15:13
THE ALLEY; THENCE NORTH 37 DEG. 30' EAST, ALONG THE
NORTH LINE OF SAID ALLEY, 120.00 FEET TO A POINT; THENCE
SOLTTH 52 DEG. 30' EAST, 10.00 FEET TO THE PLACE OF
BEGINNING. CONTAINING 1200 SQUARE FEET, MORE OR T .ESS.
TRACH` II
LOTS NUMBER THIRTY-SIX (36) IN BLOCK NO. 1 OF THE BEECH
FAIRVIEW SUBDIVISION AS SHOWN ON THE PLAT OF SAID
SUBDIVISION OF RECORD IN THE OFFICE OF TETE RECORDER OF
CLARK COUNTY, INDIANA,
TRACT III
PARCEL
ALL THAT PARCEL OF LAN) SITUATE IN THE crrY OF
JEFFERSONVILLE, IN THE COUNTY OF LARK, AND STAT.. 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 BEACI AND GUN/EALING'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 THF DISTANCE OF 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 PITTSBURGH, 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
SOUTHWESTERN DIVISION; 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 11 156.5 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 SOUTI-IWESTERLY
LINE OF THE PLAI'1'.ED ALLEY, BEING ALONG THE
NORTHEASTERLY LINES OF LOTS NUMBERS 11 AND 12 OF SAID
SUBDIVISION, 120.0 FEET TO THE POINT OF MEETING WITH THE
LINE DIVIDING LOT NUMBER 12 ON THE NORTHWEST, FROM
LOT NUMBER 13 ON THE SOUTHEAST, BEING ALSO A
F.02/06
WY -14-2013 15:14
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, 156.5 FEET TO SAID NORTHEASTERLY LINE OF
UNITED STATES ROUTE 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
BE GINNING.
CONTAINING 18,780 SQUARE FEET OR 0443 OF AN ACRE, MORE OR
LESS.
PARCFL 2
PART OF LOT NO. 5 OF THE PARTITION OF THE LAND SET OFF
TO SAMUEL BEAN. AND F NRIETTA CUMMINS IN THE
SUBDIVISION OF THE ESTATE OF WILLIAM E. BEACH, DECEASED
(SAME COMMONLY KNOW AS "CUMMINS STJBDIVISION"), PART
OF SURVEY NO. 8 OF THE ILLINOIS GRANT AS THE SAME WAS
SURVEYED AND PLATTED BY J. JOHNSON, BOUNDED AND
DESCRIBED AS FOLLOWS: VIZ: BEGINNING AT A POINT
WHEREIN THE LINE DIVIDING LOT NUMBER 5 OF THE
CUM1VIINS' 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 U.S.
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 L.T.S.
HIGHWAY ROUTE NUMBER 31-E, FIF'1F.EN FEET TO A POINT;
THENCE NORTH 3 DEG. 14' WEST ON A LINE 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 I.C.C. AND ST. L.
IU.. COMPANY A DISTANCE OF 460 FEET, MORE OR LESS, TO A
STAKE; THENCE SOUTH 52 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; TIENU SOUTH 38
DEG. 30' WEST ALONG THE NORTH LINE OF SAID J. W. FRANK'S
SL]BDIVISION, A DISTANCE OF 350 FEET, MORE OR LESS, TO A
STAKE, THE TRUE PLAC;:F. OF BEGINNING.
SUBJECT TO EASEMENTS, HIGHWAYS, AND RESTRICTIONS OF
RE CORD.
CONTAINING 1.7 ACRES, MORE ORT .FSS.
F.03/06
MAY -14-2013 15:15 P.04/06
SUBJECT TO THE OIL AND MINERAL RIGHTS RESERVED BY THE
PHILADELPHIA, BALTIMORE AND WASHINGTON RAILROAD
MPANY, AS SET OUT IN DEED RECORD 217, PAGES 109-111, IN
THE OFFICE OF THE RECORDER OF CLARK COUNTY, INDIANA.
TRACT IV
LOTS 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 IN THE OFFICE. OF THE RECORDER OF
CLARK COUNTY, INDIANA
AND
020-6-0180
LOT NUMBERS TFIIRTY THREE (33) AND THIRTY-FOUR (34) IN
BLOCK NO. 1 OF BEECH FAIRVIEW SUBDIVISION AS SHOWN BY
PLAT FILED IN TIE RE cORDER'S OFFICE OF CLARK COUNTY,
INDIANA IN PLAT BOOK 4, PAGE 107; SUBJECT TO ANY AND ALL
EASEMENTS AND/OR RESTRIC,IIONS OF RECORD AFFECIING
THIS REAL ESTATE.
AND
020-6-0190
LOT NO. THIRTY-TWO (32) IN BLOCK NO. 1 OF BEEGFI FAIRVIEW
SUBDIVISION AS SHOWN BY PLAT FIT.FD IN THE RECORDER'S
OFFICE OF CLARK OOUNTY, INDIANA IN PLAT BOOK 4, PAGE 107;
SUBJECT TO ANY AND ALL EASEMENT'S AND/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 RESTRICTIONS
OF RECON AFFECTING THIS REAL ESTATE.
AND
019-1.0280
MAY -14-2013 15:18
BEING A PART OF LOT NO. 5 AND 6 OF CUMMINS SUBDIVISION IN
SURVEY # 8 OF THE ILLINOIS GRANT, CLARK COUNTY, INDIANA,
AND 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 '11 -WE
PLACE OF BEGINNING OF THE TRACI.' HEREIN DESCRIBED;
THENCE E NORTH 55 DEG. 05' 00" WEST, 307.37' TO A POINT IN THE
EAST' .RN RIGHT-OF-WAY LINE OF THE P.C.C. & ST. LOUIS
RAILROAD; THENCE NORTH 4 DEG. 14' 12" WEST, 36124' TO
ANOTHER POINT IN SAID LINE; INCE CONTINUING ALONG
SAID RIGHT-OF-WAY LINE NORTH 1 DEG. 27' 00" WEST,16.52' TO A
POINT; THENCF 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 DIT THENCE SOUTH 26 DEG, 48' 00" EAST,
121.20' TO A POINT; THENCE SOLS 55 DEG. 05' 00" WEST, 70,00'
TO A PIPE; THENO' SOUTH 35 DEG. 21' 00" WEST, 175.00' TO THE
BEGINNING, CONTAINING 2.6844 ACRES.
P.05/08
2. 7Thatwithin the above described real estate there is a certain ten (10) foot alleyway,
which limits the Petitioners' use of said real estate, and the same is presently unimproved and does
not serve anyone other than the Petitioners herein.
3. That the Petitioner previously, on March 31, 2011, was the subject of a petition in
which an ordinance vacating alleyways, roadways and public ways was executed by the City of
Jeffersonville, a copy of which is attached hereto as Exhibit "A".
4. That the one alleyway that appears to have inadvertently been left off of that petition
in 2011 is a ten (10) foot unimproved alleyway, northeast of that alleyway vacated in 2011 and
commencing at a 5/8" by 24" rebar and cap "Isgrigg" set at grade at the most easterly corner of lot
number 31 of Beech Fairview Subdivision, Block One, Plat Book 4, Page 107, and running 166.60
feet in a northwesterly direction to a 5/8" by 24" rebar and cap "Isgrigg" at grade. Thence being 10
feet to the set mag nail and collar "Isgrigg" at grade being directly southwesterly of the previously set
rebar and thence running in an easterly direction to the 166.60 feet to a point, and thence 10 feet to
the point of beginning.
MAY -14-2013 15:16
5. That the only abutting owner of the real estate to be vacated are the Petitioners
herein, as the same is completely within the bounds of the real estate of the Petitioners.
6. That the Petitioners previously quieted title in their names of those areas not
dedicated to the City of Jeffersonville and are accepted by the City. of Jeffersonville as alleyway
and/or roadways.
WIAEREFORE, Petitioners request the vacation of the ten (10) foot a11tyway described
above, pursuant to LC 36-7-3-12, and for all other just and proper relief in the premises.
I AFFIRM UNDER THE PENALTIES PROVIDEI) FOR PERJURY THAT THE
FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT.
41111111r1P4-:411'
KRAFT, #
o , g, Lind, Endres &Kraft
6 W. Spring Street
New Albany, IN 47150
(812) 945-2555
TOTAL P.O6
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Dated this .* day of May, 2013.
A EST:
Cia/xitAk:
V,L Conhai C)erk
d `�� n - ate-
COMMON COUNCIL OF THE CITY
OF JEF,;RSONVILLE, INDIANA
By:
Connie SeUx_r$
Pics
(4.01/0
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