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Home My WebLink About2013-OR-19 (2)Richard P. Jones CLPRIC COUNTY Filed for Record as 120 $0 C1 Da13tel 073710212013'. STATE OF INDIANA BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE ORDINANCE NO. 2013 -OR - 7P RECORDER Presented Page 1 of 7 Time '15:47:38 AN ORDINANCE VACATING AN ABANDOIN THE TITON OF Y OF CHARLESTOWN PIKE, A PUBLIC WAY ,JEFFERSONVILLE, INDIANA.• WHEREAS, petitioner, Joseph A. Fleck, DDS, an adult resident of Clark County, Indiana (hereinfter the "Petitioner"), has filed a petition for the vacation of an abandoned portion of Charlestown Pike, a public way in the City of Jeffersonville, Indiana, located adjacent to the properties of Petitioner, Helga H. Meyer, and the Board of Commissioners of Clark County, Indiana, respectively, pursuant to the provisions of IND. CODE § 36-7-3- 12 and IND. CODE § 36-7-3-16; and, WHEREAS, the Petitioner has further caused a notice of public hearing on such petition before this Common Council of the City of Jeffersonville, Indiana (this "City Council") to be properly published and served on the adjoining owners in accordance with applicable Indiana law; and, WHEREAS, this City Council having held such public hearing at the date and time as stated in such published notice; and, WHEREAS, having heard all remonstrators and objectors at such public hearing, this City Council now finds that the petition filed by the Petitioner should be granted by the adoption of this Ordinance. DULY ENTERED FOR TAXATION 3t7RJECT TO FINAL ACCEPTANCE FOR TRANSFER lio,d0C0MWMT NOW, THEREFORE, BE IT ORDAINED by this Common Council of the City of Jeffersonville, Indiana, as follows: 1. This City Council, in accordance with the requirements of IND. CODE §36- 7-3-13, hereby finds with respect to the Petitioner's petition all of the following: a. The proposed vacation will not hinder the growth or orderly development of the City of Jeffersonville or the neighborhood in which it is located or to which it is contiguous. b. The proposed vacation will not make access to the lands of any aggrieved person by means of a public way difficult or inconvenient. c. The proposed vacation will not hinder the public's access to a church, school, or other public building or place. d. The proposed vacation will not hinder the use of a public way by the neighborhood in which the public way is located or to which it is contiguous. e. Upon information provided at hearing, no public utility improvements presently exist within the portion of the public way for which vacation is proposed, and the proposed vacation will therefore not deprive any public utility of the use of all or part of the public way hereby vacated. 2. This City Council hereby grants the petition filed by the Petitioner, and further hereby vacates the following portion of Charlestown Pike, an unimproved public way, to -wit: Being a part of Survey 22 of the Illinois grant to Clark County, Indiana, and being further described as follows: Beginning at a cotton gin spindle on the west corner of said Survey 22; thence S. 35°31'23" E., along the line dividing Surveys 21 and 22, 172.4 feet; thence N. 54°28'37" E., 2 28.83 feet to a steel pin on the northeast right-of-way line of Holman's Lane and the northwest rig ht -of -way line of Charlestown Pike (formerly Jeffersonville -Charlestown Pike), THE TRUE PLACE OF BEGINNING; Thence N. 75°44'30" E., along said northwest right-of-way line, 45.23 feet to a steel pin; Thence N. 22°46'38" E., along said northwest right-of-way line, 50.58 feet to a steel pin; Thence N. 39°18'10" E., along said northwest right-of-way line, 57.21 feet; Thence S. 50°41'50" E., 36.25 feet to the southeast right- of-way line of said Charlestown Pike; Thence S. 29°38-51" W., along said southeast right-of-way line, 165.16 feet; Thence N. 35°31'23" W., 79.2 feet to THE TRUE PLACE OF BEGINNING. Containing 7241 square feet and being subject to all easements of record. The area of the public way vacated by this Ordinance is more particularly shown in the cross -hatched area of the surveyor's drawing prepared by David R. Blankenbeker, L.S., attached hereto and incorporated herein as Exhibit "A". 3. Subsequent to the vacation effected by this Ordinance, petitioner, Joseph A. FIeck, DDS, will be deemed to be the sole owner of the area hereby vacated in order to square the boundaries of his property located at 2929 Charlestown Pike, Jeffersonville, Clark County, Indiana, with those of the adjoining properties, and further in order to provide for proper future maintenance of the vacated parcel. 4. Pursuant to the provisions of IND. CODE § 36-7-3-16, this Ordinance shall not deprive any public utility of the use of all or part of the public way hereby vacated, if, 3 at the time the vacation proceedings were instituted, the utility was occupying and using all or part of the public way for the location and operation of its facilities. 5. This Ordinance shall be in full force and effect as of the date of its final passage and adoption by this City Council. The Petitioner shall be required to record a certified copy of this Ordinance at its expense. This Ordinance promulgated and adopted by the affirmative vote of a majority of the members of this City Council during a properly noticed and convened public meeting held this 1 day of July, 2013. Attested by: if cap Veronica Conlin, City Clerk COMMON COUNCIL OF THE CITY OF JEFFE RSONVILLE, INDIANA By: 4 President CannieSeClem CERTIFICATE OF PRESENTATION TO THE MAYOR I hereby certify that following its adoption by the Common Council of the City of Jeffersonville, Indiana, the foregoing Ordinance was presented by me, as the duly elected and serving Clerk of the City of Jeffersonville, Indiana, to the Mayor of said City of Jeffersonville on this day of July, 2013. LuOkuirA- Veronica Conlin, City Clerk APPROVAL BY THE MAYOR The foregoing Ordinance is approved and signed by me, as the duly elected and serving Mayor of the City of Jeffersonville, Indiana, this Lea. day of July, 2013. MICH 'L G. MOO E, Mayor 5 0 50 100 1 ADO 54" w s 0.48 ACRE INST. 201303103Roy NO BUILDINGS & SHOWN OTHER 1TMP31ENTS cj 0 4 / co N 54'28'3' E 28.83' / / tt ti 50'41'5 / 36.25 / \ 19, NLEGENDN 5�1 DENOTES STEEL PIN FOUND PER DEED 4 DENOTES 5/8'x24' STEEL PIN W/ CAP SET \2 -EI DENOTES CONCRETE MONUMENT PER CLARK CO. SURVEYOR'S OFFICE RECORDS -* DENOTES COTTON GIN SPINDLE FOUND PER CLARK CO. SURVEYORS OFFICE RECORDS DENOTES STEEL PIN IN 6' X S' STEEL BOX PER CLARK CO SURVEYOR'S 0 FFTCE RECORDS -S, DENOTES 'MAG- NAIL SET SURVEY AND DRAWING OF PART OF SURVEY 22 OF THE ILLINOIS GRANT TO CLARK COUNTY,``\��oo"e L.\11 1q"Ai ,"Iiii �/, d INDIANA AND BEING SITUATED 2929 CNARLESTOWN PIKE, JEFFERSONVI ` 0::: cps STfR.,'''..6) NQ 900011 `: STATE OF ....t1111n1 .t�\'\, 1, Dovid R. Ellonkenbeker, hereby declare thot I hove surveyed the (roct of fond shown above and that this survey wos executed according to the requirements of Title 865, 1.A.C. 1-1 through 29 to the best of my knowledge, information, and belief, and that the field work was completed on 7 June 2013. COPytist ® 201J Oron.enneker e. Sun �rnd S••Ty/s inc. P.C. ..A rpA: re BLANKE'NBEKER SDN LAND SURVIJVRS INC, P.C. 618 E COURT AVENUE P.O. BOX 157 ✓c FFERSONVILLE. INDIANA 47131-0157 Ti' LEPiIONIfIYIK BLANKLNBEXE'RANDSON. NP 82-4188 F4X 8f2-,382-4>97 Registered Land Surveyor No. 900071 DRAYN BY. D.R.B. 150428':• 1 = 50 FEET Dote "WAR-. DR. JOSEPH A. FLECK, DDS 412 HALE ROAD CLARKSVILLE, IN. 47129 PAGE 1 OF 2 DATE: 11 JUNE 2013 i ✓0.8 No. 21,012 CERTIFICATION OF PUBLIC RECORD The undersigned, being the duly elected and serving Clerk of the City of Jeffersonville, Indiana, hereby certifies that the attached Ordinance No. 2013 -OR- iq adopted by the Common Council of the City of Jeffersonville, Indiana, at its regular meeting on July ! , 2013, and entitled An Ordinance Vacating an Abandoned Portion of Charlestown Pike, a Public Way in the City of Jeffersonville, Indiana, is a true and exact copy of the public record maintained in the office of the Clerk of the City of Jeffersonville, Indiana, the original of which is in my custody and under my control. This certification is made this (SEAL OF THE CITY OF JEFFERSONVILLE, INDIANA) day of July, 2013. Veronica Conlin, Jeffersonville City Clerk