HomeMy WebLinkAbout2013-OR-34ORDINANCE NO. 13 -OR- 04
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC RIGHT-OF-WAY
IN THE CITY OF JEFFERSONVILLE
WHEREAS, on September 3, 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 a part of The Old Levee in
Block 41 , as shown in Plat Book 19, Page 26 of the Clark County, Indiana records as
described in Exhibit "A" 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 Petitio o Vacate the Public
Right -Of -Way was published in the Evening News on August, 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 September 3, 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 The Old
Levee in Block 41 , as shown in Plat Book 19, Page 26 of the Clark County, Indiana
records as described in Exhibit "A" being situated in Jeffersonville, Clark County,
Indiana, is hereby vacated and the owners are hereby required to record a copy of
this Ordinance in the office of the Clark County Recorder and deliver a copy of this
Ordinance to the Clark County Auditor.
Common Council Of The City of Jeffersonville, Indiana
pril& 0,13/
VOTED AGAINST:
Connie Sellers, President
Vicki Conlin
City Clerk
of said City
Presented to me as Clerk to the Mayor of Jeffersonville this
day of , 2013 at
This Ordinance approved and signed by me this
2013 at
Prepared by:
Les Merkley
Corporate Counsel
Vicki Conlin
City Clerk
day
Mik Moore, Mayor
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 The Old Levee in Block
41, as shown in Plat Book 19, Page 26 of the Clark County, Indiana records described as Exhibit
"A", 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:
Vangilder & Sons, Inc., 32 Louise Street, Jeffersonville, IN 47130
BHNC, LLC, 731 East Market Street, Jeffersonville, IN 47130
Pierce & Company II, LLC, 6214 Woodbridge Trail, Georgetown, IN 47122
BHNC, LLC, P. O. Box 1239, Jeffersonville, IN 47130
BHNC, LLC, 4742 Allmond Avenue, Louisville, KY 40209
Thomas W., Jr. & Patty Kempf, 1301 Basswood Court, Jeffersonville, IN 47130
Norman L. & Janet A. Collard, 717 Market Street, Jeffersonville, IN 47130
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. Merkley
City Attorney
A
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION
OF THE CITY OF JEFFERSONVILLE, CLARK COUNTY, IN
TO VACATE APPROXIMATELY 5687 SQUARE FEET LOCATED
IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY,
INDIANA -as described in Exhibit "A" of the Petition
NOTICE OF HEARING ON PETITION TO VACATE
APPROXIMATELY 5687 SQUARE FEET
IN CITY OF JEFFERSONVILLE, INDIANA- AS DESCRIBED IN EXHIBIT "A"
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 The Old Levee in
Block 41, totaling approximately 5687 square feet located in Jeffersonville, Clark
County, Indiana, described as Exhibit "A" of the Petition and being situated in
Jeffersonville, Clark County, Indiana.
A public hearing will be held on September 3, 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
David R. Blankenbeker, P.L.S. Howard R. Blankenbeker (1905-1974)
Rollyn 1-L Blankenbeker (1934-1994)
Blankenbeker & Son
Land Surveyors Inc., P.C.
Established 1945
618 E. Court Avenue (812) 282-4183 phone P.O. Box 157
Jeffersonville, Indiana 47130 (812) 282-4197 fax Jeffersonville, Indiana
47131-0157
15 July 2013
EXHIBIT "A"
DESCRIPTION OF PART OF THE OLD LEVEE IN BLOCK 41, JEFFERSONVILLE
Being a part of Lot 22 in Block 41, in the City of Jeffersonville, Clark County, Indiana and being further
described as follows:
Beginning at a steel pin on the north corner of Lot 21 in said Block; Thence S.36.03'47"E., along the
southwest Right -of -Way line of Fulton Street, 58.13 to a steel pin, THE TRUE PLACE OF BEGINNING:
Thence continuing S.36.03'47"E., along said Right -of -Way line, 25.65 feet to the northwest line of a 10
foot wide alley:
Thence S.58.23'W., along said northwest line, 222.9 feet;
Thence N.33.44'29"W., 25.59 feet to a "MAG" nail on the south corner of a tract of land described in
Instrument 200812709;
Thence N.58.23'E., 221.86 feet to THE TRUE PLACE OF BEGINNING.
Containing 5687 square feet and being subject to all easements of record.
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PARCEL #
10-21-03-300-119.000-009
10-21-03-300-122.000-009
10-21-03-30041.3.000-009
10-21-03-300-103.000-009
10-21-03-300-090.000-009
10-21-03-300-109.000-009
10-21-03-300-657.000-009
10-21-03-300-689.000-009
MENARDS SITE
CURRENT ASSESSED VALUE PER ACRE
TAKEN FROM 2012 PAY 2013 TAX BILLS
ACRES
IN
PARCEL
13.805
14.5901
7.0555
9
0.986
1.598
7.28
0.8425
ASSESSED
VALUE
2012 PAY
2013
4,500.00
443,600.00
282,200.00
360,000.00
600.00
59,100.00
4,200.00
ASSESSED ACRES IN ASSESSED
VALUE MENARDS VALUE
PER ACRE TRACT 2012/2013
$ 325.97 3.008 $ 980.51
$ 30,404.18 2.688 $ 81,726.43
$ 39,997.17 0.006 $ 239.98
$ 40,000.00 9 $ 360,000.00
$ 608.52 0.044 $ 26.77
$ 36,983.73 0.232 $ 8,580.23
$ 576.92 0.00039 $ 0.23
$ 30,404.18 0.8425 $ 25,615.52
15.82 $ 477,169.68