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HomeMy WebLinkAbout2014-OR-24ORDINANCE NO. 2014 -OR- 4'1 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 THE ESTATE OF THOMAS OSBORNE 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 THE ESTATE OF THOMAS OSBORNE, ANNE LESSHAFT, PERSONAL REPRESENTATIVE, requesting the vacation of those unimproved alleyways, roadways and right-of-ways described as follows and being in the County of Clark, State of Indiana, to -wit: TRACT 1 Being a part of the former Woodland Drive in Wm. C. Childress Subdivision of Woodland Court, as shown in Plat Book 3, Page 97 of the Clark County, Indiana records and being further described as follows: Beginning at a steel pin on the western most corner of Lot 3 in said subdivision; Thence S.59° 57' E., along the southwest line of said Lot 3, 202.52 feet to the southern most corner of said Lot 3; Thence S.35° 22' 54" E., along the southwestern lines of Lots 31 through 38 inclusive, 616.3 feet to the southern most corner of said Lot 38; Thence S. 54° 07' 16" W., 60 feet to the northeastern line of Lot 30 in said subdivision; Thence N. 35° 22' 54" W., along the northeastern line of lots 30 to 24 inclusive, 588.56 feet to the northern most corner of said Lot 24; Thence N. 59° 57' W., along the northeast line of Lot 4 in said subdivision, 203.1 feet to the northern most corner of said Lot 4; Thence N. 29° 54' 07" E., along the southern Right -of -Way line of East Tenth Street, 66.32 feet to THE PLACE OF BEGINNING. Containing 1.14 acres. 1 TRACT 2 BEING A PART OF THE FORMER WOODLAND DRIVE IN WM. C. CHILDRESS SUBDIVISION OF WOODLAND COURT, AS SHOWN IN PLAT BOOK 3, PAGE 97 OF THE CLARK COUNTY, INDIANA RECORDS AND BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERN MOST CORNER OF LOT 39 IN SAID SUBDIVISION; THENCE S. 35° 22' 54" E., ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID FORMER WOODLAND DRIVE, 1052.74 FEET TO THE SOUTHEAST LINE OF SAID SUBDIVISION; THENCE S. 54° 07' 16" W., ALONG SAID SOUTHEAST LINE, 60 FEET TO THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID DRIVE; THENCE N. 35° 22' 54" W., ALONG SAID SOUTHWEST RIGHT-OF- WAY LINE, 990 FEET; THENCE N. 8° 06' 12" E., 87.19 FEET TO THE PLACE OF BEGINNING. CONTAINING 1.41 ACRES. SECTION 2. That the vacation of the unimproved right-of-ways 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 street, unimproved right-of-ways and/or alley ways 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. 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. a Sums - Dated this r day of May,. 2014. ATTEST: L6- Cj Vicki Conlin, City Clerk Dennis M. J President 2 2014 -OR- p14 AN ORDINANCE VACATING ALLEYWAYS, ROADWAYS AND PUBLIC WAYS Presen to me as Clerk to the Mayor of the City of Jeffersonville this 0 day of U/1k , 2014. This Ordinance approved and signed by me this A VicivC1 Conlin, City Clerk d Y 2014. Mike Moo e, Mayor 3 2014 -OR- 491 4 AN ORDINANCE VACATING ALLEYWAYS, ROADWAYS AND PUBLIC WAYS Presen d to me as Clerk to the Mayor of the City of Jeffersonville this 0 of v (,Ulu.. , 2014. This Ordinance approved and signed by me this day VicivCi Conlin, City Clerk day of 2014. Mike Moore, Mayor 3 STATE OF INDIANA COUNTY OF CLARK BEFORE THE JEFFERSONVILLE CITY COUNCIL ESTATE OF THOMAS OSBORNE, Petitioner PETITION TO VACATE ROADWAYS AND PUBLIC WAYS COMES NOW ANN LESSI-IAFFT, one of the Co -Personal Representatives of the Estate of Thomas Osborne, after being duly sworn upon her oath and states: 1. She is one of the Co -Personal Representatives of the Estate of Thomas Osborne, and the owner of real estate situate in the City of Jeffersonville, County of Clark, State of Indiana, more specifically described as follows: TRACT 1 Being a part of the former Woodland Drive in Wm. C. Childress Subdivision of Woodland Court, as shown in Plat Book 3, Page 97 of the Clark County, Indiana records and being further described as follows: Beginning at a steel pin on the western most corner of Lot 3 in said subdivision; Thence S.59° 57' E., along the southwest line of said Lot 3, 202.52 feet to the southern most corner of said Lot 3; Thence S.35° 22' 54" E., along the southwestern lines of Lots 31 through 38 inclusive, 616.3 feet to the southern most corner of said Lot 38; Thence S. 54° 07' 16" W., 60 feet to the northeastern line of Lot 30 in said subdivision; Thence N. 35° 22' 54" W., along the northeastern line of lots 30 to 24 inclusive, 588.56 feet to the northern most corner of said Lot 24; Thence N. 59° 57' W., along the northeast line of Lot 4 in said subdivision, 203.1 feet to the northern most corner of said Lot 4; Thence N. 29° 54' 07" E., along the southern Right -of -Way line of East Tenth Street, 66.32 feet to THE PLACE OF BEGINNING. Containing 1.14 acres. TRACT 2 Being a part of the former Woodland Drive in Wm. C. Childress Subdivision of Woodland Court, as shown in Plat Book 3, Page 97 of the Clark County, Indiana records and being further described as follows: Beginning at the western most corner of Lot 39 in said subdivision; Thence S. 35° 22' 54" E., along the northeast Right -of -Way line of said former Woodland Drive, 1052.74 feet to the southeast line of said subdivision; Thence S. 54° 07' 16" W., along said southeast line, 60 feet to the southwest Right -of -Way line of said Drive; Thence N. 35° 22' 54" W., along said southwest Right -of -Way line, 990 feet; Thence N. 8° 06' 12" E., 87.19 feet to THE PLACE OF BEGINNING. Containing 1.41 acres. 2. Within the above described real estate there is what appears to be a certain public right-of-way, being a part of the William C. Childress subdivision of Woodland Court, found at Plat Book 3, page 97, which said right-of-way is currently unimproved and does not serve anyone other than the Petitioner herein. 3. The roadway and/or right-of-way appears that it may have been dedicated and accepted by the City of Jeffersonville as a result of the recording of the William C. Childress subdivision of Woodland Court dated May 28, 1941 and recorded at Plat Book 3, page 97, being a sixty (60) foot right-of-way, reflected as being Woodland Drive, contained within the above described plat and attached hereto as Exhibit "A" and more fully described in a legal description prepared by Blankenbeker & Son Land Surveyors, Inc., C.P., attached hereto as Exhibit "B". 4. The names and addresses of the owners of land that are nearest or abutting the real estate to be vacated are shown in the attached Exhibit "C". WHEREFORE, Petitioner requests the vacation of the roadway and unimproved right-of- way described herein, pursuant to I.C. 36-7-3-12 and all other proper relief in the premises. I AFFIRM UNDER THE PENALTIES PROVIDED FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT. ESTATE OF THOMAS OSBORNE BY: ANN LESSHAFFT Co -Personal Representative EXHIBIT C Property Adjoiners/ Interested Parties: Brent S. and Mary E. James 1213 Aldridge Lane Jeffersonville, IN 47130-6039 Bonita J. Wiseman 2122 Woodland Ct. Jeffersonville, IN 47130-6044 STA 'I'L OF INDIANA COUNTY OF CLARK BEFORE THE JEFFERSONVILLE CITY COUNCIL THE ESTATE OF THOMAS OSBORNE Petitioner NOTICE OF PUBLIC HEARING ON PETITION TO VACATE UNIMPROVED ROADWAYS AND PUBLIC WAYS Notice is hereby given that Petitioner, THE ESTATE OF THOMAS OSBORNE, has filed a Petition to Vacate (Unimproved) Roadways and Public Ways in the City of Jeffersonville, Clark County, Indiana more particularly described as follows: TRACT 1 Being a part of the former Woodland Drive in Wm. C. Childress Subdivision of Woodland Court, as shown in Plat Book 3, Page 97 of the Clark County, Indiana records and being further described as follows: Beginning at a steel pin on the western most corner of Lot 3 in said subdivision; Thence S.59° 57' E., along the southwest line of said Lot 3, 202.52 feet to the southern most corner of said Lot 3; Thence S.35° 22' 54" E., along the southwestern lines of Lots 31 through 38 inclusive, 616.3 feet to the southern most corner of said Lot 38; Thence S. 54° 07' 16" W., 60 feet to the northeastern line of Lot 30 in said subdivision; Thence N. 35° 22' 54" W., along the northeastern line of lots 30 to 24 inclusive, 588.56 feet to the northern most corner of said Lot 24; Thence N. 59° 57' W., along the northeast line of Lot 4 in said subdivision, 203.1 feet to the northern most corner of said Lot 4; Thence N. 29° 54' 07" E., along the southern Right -of - Way line of East Tenth Street, 66.32 feet to THE PLACE OF BEGINNING. Containing 1.14 acres. TRACT 2 Being a part of the former Woodland Drive in Wm. C. Childress Subdivision of Woodland Court, as shown in Plat Book 3, Page 97 of the Clark County, Indiana records and being further described as follows: Beginning at the western most corner of Lot 39 in said subdivision; Thence S. 35° 22' 54" E., along the northeast Right -of -Way line of said former Woodland Drive, 1052.74 feet to the southeast line of said subdivision; Thence S. 54° 07' 16" W., along said southeast line, 60 feet to the southwest Right -of -Way line of said Drive; Thence N. 35° 22' 54" W., along said southwest Right -of -Way line, 990 feet; Thence N. 8° 06' 12" E., 87.19 feet to THE PLACE OF BEGINNING. Containing 1.41 acres. All persons are hereby notified that a public hearing BEFORE THE JEFFERSONVILLE CITY COUNCIL, will be held on the 2nd day of June, 2014, at 7:00 o'clock p.m., at the following address: 500 Quartermaster Court, Room 101, Jeffersonville, IN 47130. Written objections that are filed prior to the hearing will be considered. Oral comments will be heard at the hearing. The hearing may be continued from time to time as may be necessary. Dated this 13`'' day of May, 2014. s/s Vicki Conlin Vicki Conlin, City Clerk -REC. 4d 2014 Proof of Publication STATE OF INDIANA COUNTY OF CLARK BEFORE THE JEFFERSONVILLE CITY COUNCIL THE ESTATE OF THOMAS OS - BORNE, Petitioner NOTICE OF PUBLIC HEARING ON PETITION TO VACATE UNIMPROVED ROADWAYS AND PUBLIC WAYS Notice is hereby given that Peti- tioner, THE ESTATE OF THOMAS OSBORNE, has filed a Petition to Vacate (Unimproved) Roadways and Public Ways in the City of Jef- fersonville, Clark County, Indiana more particularly described as fol- lows: TRACT 1 Being a part of the for- mer Woodland Drive in Wm. C. Childress Subdivision of Woodland Court, as shown in Plat Book 3, Page 97 of the Clark County, Indi- ana records and being further described as follows: Beginning at a steel pin on the western most corner of Lot 3 in said subdivision; Thence S.59° 57' E., along the southwest line of said Lot 3, 202.52 feet to the southern most corner of said Lot 3; Thence S.35° 22' 54" E., along the southwestem lines of Lots 31 through 38 inclu- sive, 616.3 feet to the southern most corner of said Lot 38; Thence S. 54° 07' 16" W., 60 feet to the northeastern line of Lot 30 in said subdivision; Thence N. 35° 22' 54" W., along the northeastern line of lots 30 to 24 inclusive, 588.56 feet to the northern most corner of said Lot 24; Thence N. 59° 57' W., along the. northeast line of Lot 4 in said subdivision, 203.Tfeet- to the north- ern most corner of said Lot 4; Thence N. 29° 54' 07" E., along the southern Right -of -Way line of East Tenth Street, 66.32 feet to THE PLACE OF BEGINNING. Contain- ing 1.14 acres. TRACT 2 Being a part of the former Woodland Drive in Wm. C. Childress Subdivision of Woodland Court, as shown in Plat Book 3, Page 97 of the Clark County, Indi- ana records and being further described as follows: Beginning at the western most corner 0f Lot 30 in said subdivision; Thence S. 35° 22' 54" E., along the northeast Right -of -Way line of said former Woodland Drive, 1052.74 feet to the southeast line of said subdivision; Thence S. 54° 07' 16" W., along said southeast line, 60 feet to the southwest Right -of -Way line of said Drive; Thence N. 35° 22' 54" W., along said southwest Right - of -Way line, 990 feet; Thence N. 8° 06 12" E., 87.19 feet to THE PLACE OF BEGINNING. Containing 1.41 acres. All persons are hereby notified that a public hearing .BEFOF E THE JEFFERSONVILLE CITY COUN- CIL, will be held on the 2nd day of June, 2014, at 7:00 o'clock p.m., at the following address: 500 Quarter- master Court, Room 101, — Jeffersonville, IN 47130. Written objections that are filed prior to the hearing will be consid- ered. Oral comments will be heard ) at the hearing. The hearing may be — continued from time to time as may be necessary. Dated this 13th day of May, 2014. s/s Vicki Conlin Vicki Conlin, — City Clerk. hspaxlp STATE OF INDIANA COUNTY OF CLARK -SS Theresa Wheatbrook on oath says that she is the bookkeeper of NEWS AND TRIBUNE and in the employ of the publisher of NEWS AND TRIBUNE, a daily newspaper of general circulation printed and published in the city of Jeffersonville, Clark County, State of Indiana, and further says that the annexed advertisement was published in said paper for #( 1 ) time(s) to -wit: In issue of said NEWS AND TRIBUNE Dated: 05-16 2014 (x) � 1�1/ll� l�� STATE OF INDIANA COUNTY OF CLARK Subscribed and sworn to before me this 2014 Joaniralligan / Notary Public, Clark County, Indiana (My Commission Expires August 27, 2014) 1/1 N.° cr) 5$4V :43 1:14 372 /7 37 A' 5,1,90>e''' 0161 6.4 c -I- Skd ve y ei „MI ?fr.f.e.r "Yds 744 p .9 7 WM, Co CHILDRESS 43-' 5118 011,11,510,V o,r -Cpiea Y49 - • Pi 0 0 C 0 epiR7.7 Chesidc,••• S7iet.,fri/e). Y 28; 41.