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Home My WebLink About2015-OR-54DULY ENTERED F0F TAXATION SUBJECT 10 FINAL ACCEPTANCE FDR TliANSFI r, OCT 13 2015 201518373 ORD $21.00 10/13/2015 03:20:08P 6 PGS Zachary Payne Clark County Recorder IN STATE OF INDIANA Recorded as Presented 111111111111111111111111111111111111111 1111111111111111111111111 f ARE THE COMMON COUNCIL OF THE CITY OF JE>~FhRSONVILLE ORDINANCE NO. 2015 -OR- (54 AN ORDINANCE VACATING AN UNIMPROVED ALLEY BETWEEN EIGHTH STREET AND SPRING STREET AND A PORTION OF EIGHTH STREET, BETWEEN MICHIGAN AVENUE AND OHIO AVENUE, A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE, INDIANA WHEREAS, petitioner, M. Fine on Spring, L.P., an Indiana limited partnership (hereinafter the "Petitioner"), has filed a Petition for the vacation of an alley between Eighth Street and Spring Street and a portion of Eighth Street, between Michigan and Ohio Avenues, both public ways in the City of Jeffersonville, Indiana, located adjacent to the properties of Petitioner; Robert Jones, Stanci Jones, and Robert Latham; New Hope Services, Inc. (formerly North Star Lodge # 3 F. & A.M.); and Jeffersonville Department of Redevelopment, 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 in accordance with 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. NOW, THEREFORE, BE IT ORDAINED by this Common Council of the City 228015 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, regardless the proposed vacation will therefore not deprive any public utility of its current use of all or part of the public ways hereby vacated. 2. This City Council hereby grants the petition filed by the Petitioner, and further hereby vacates the following portion of an alley between Eighth Street and Spring Street, and Eighth Street, between Michigan Avenue and Ohio Avenue, a public way, to - wit: Being a 20 foot wide alley in Block 92 and part of 8th Street between Blocks 92 and 81 in the City of Jeffersonville, Clark County, Indiana and being further described as follows: 2 Beginning at a steel pin on the southeast corner of Lot 1 in said Block 92; Thence N.4.04'57"E., along the west Right - of -Way line of said Alley, 233.69 feet to a "MAG" nail on the southwest Right -of -Way line of Spring Street; Thence S.31.32' 17"E., along said southwest Right -of -Way line, 34.34 feet to a "MAG" nail; Thence S.4.04'57"W., along the east Right -of -Way line of said Alley, 205.91 feet to the southwest corner of Lot 12 in said Block 92; Thence S.85.32' 19"E., along the north Right -of -Way line of said 8`h Street, 115.8 feet to the southeast corner of said Lot 12; Thence S.4.05'25"W., 60 feet to the northeast corner of said Block 81; Thence N.4.05'25"E., 60 feet to the southwest corner of said Lot 1 in Block 92; Thence S.85.32' 19"E., along the north Right -of -Way line of said 8`h Street, 117.56 feet to THE TRUE PLACE OF BEGINNING. Containing 0.45 acre. The area of the public way vacated by this Ordinance is more particularly shown in the surveyor's drawing prepared by Blankenbeker & Son Land Surveyors, Inc., attached hereto and incorporated herein as Exhibit "A". 3. Subsequent to the vacation effected by this Ordinance: (i) Petitioner; (ii) Robert Jones, Stanci Jones, and Charles Latham; (iii) New Hope Services, Inc.; and (iv) Jeffersonville Department of Redevelopment will each be the owner of the one-half of the area hereby vacated that is abutting their adjoining properties. 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, 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. 3 This Ordinance promulgated and adopted this day of October, 2015. Vicki Conlin, City Clerk COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA Lis Gill, President 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 Jeffersonville on this City of Jeffersonville, Indiana, to the Mayor of said City of day of October, 2015. Vicki Conlin, City Clerk APPROVAL BY THE MAYOR The foregoing Ordinance is approved and signed serving Mayor of the City of Jeffersonville, Indiana, this the duly elected and of October, 2015. MICHAEL G. MOORE, Mayor 4 NINTH STREET 60' R/W z • N07E THIS DRAWING DOES NOT REPRESFM A RE7R4CDI W1, ORIGINAL OR ROU7E SURVEY OR SURVEYOR LOCATION REPORT. at I0 LOT 2 LOT it S 85'32'19' E 11756' S 85732'19' E 115.8' 0.45 AC. EIGHTH STREET 60' R/W N 8532'19' W 253.36' BLOCK 81 DRAWING OF PROPOSED ALLEY IN BLOCK 92 AND PART OF 8771 STREET IN THE CITY OF Jt1-1-6RSONVILLE; CLARK COUNTY, INDL4NA, TO BE VACATED. otypdphr ® 2015 Blanianb.lu and San LAU 9ivgm ha. PC All ,rphs ,.,.,.ted BLANXENBJW(ER & SON I NP SU14Y2'322s .&Y , .R c 619 E. COURT AVENUE P.O. BOX 167 JEFFERSONVILLE, INIJL4N4 47131-0157 TEL6'PHONb' 818-28E-4183 101,7KXLANXENBBXFR4NIJSON.NET FOX.• NEW HOPE SERVICES 725 WALL STREET JEFFFRSONWLLE; IN 47130 DRAWN BY D.R.B. SCALE. 1-- 50 FEET LUTE. 2 StPltAMBER 2015 !JOB No. 21,779 nr rtormary PDF created with pdfFactory trial version www.pdffactorvcom Proof of Publication NOTICE OF• PIUBLIC'NEARING'� F R -ON PETiTl0�4 TO VACATE A' la ' aNOTICEte hereby 9lveirlhat Pott• !(toner; M Flne`an Spdng,:L1Nen Ipolarnae llmlted pgrtners! 1p, has:h1ed a petition to j vacate ,aaij apse•s Ile= tweet Elgtdjt:,'Street 10:0, - St'reet and::portion, of Street between MIohtgai Avenue and Oh10 Avenue, honk p�uttb5a wa with `'.the; Common Godo l { e City ;or Jeflersb vilie. In •City Counclr,),_w lc htpordon•of eatd public way smoa padculaide- scdbad as follws.., xsi; h , Be'�g a20 footWide aley 1Bdck ' r92: and pr'alieth Street between. Blocks 92 end!81 ntheCJyblJet fersanviille, Clerk County' iindlena and being further ded a scribes lal- Iows:;Beginn{ng at a.etee¢ppin on the' s ,oiittleasBt comer 01f.Lot; 1 tin said Stock 02; ,Ttienoe,;,,N,4.704'57 E.,'. alorngthe,west'R ht-of=.�W_liey�line' of fa d Aller, 233:B9•feel t0; a. MAG': veil an a southwest RiglltotWay;, tine' 01' Spring` streets Thence $.31732'1. E' alongg ..sold south=.: ,wast.RightolWay IInu B4rs4,rteet,: to : "-a MAO nall r,,,Thepce . S:4704'57V41aloe 'the east`Rt 1 ot-Way `Ilse ;:!ati Niey, r 91 fed:t0 the southwest comerrotrliot coinero saldtLot12;Thence S.4705'25'W}. 80 lest to ;. nartheest. corner .: saki:; c Block' yO1 .,4hartce N,4?05'28'5 , 80 feet tai the south west°corner of said Loki lltt Brock; 92; 2hertce 'S 88?3219 E.. Jlat[g the'norh^Rlghi'of'W� rilae 01 said Bth'�:`•Street,r :117'56 Bet l to THE? TRUE PLACE , OFEGINNING., Contalnirtg 0.45 ecrO. - f `rhe pelttlo"nerittgs r quested m' have the above-described ortlonsoi'. said pubtfc way vacated nisi( entre-;. tux: Mit names and addresses'of A owners of land. tharabut:theproper;. tyry proposed °to be'Vaoated are as ;• Copowsf e(1 Mt'Flrte olv.splt , LP--tr.. '725"Waif Sifeet, JeffereofVlUB,'iiN� 47130,., ( Robed il.p stand Jones ; rCtiarles Latham '2205•: Stiowbroa lane Jeffersonvfler iN 47.130;(3) No th Sterr1'odge #3 Fc&`. A.M. 01 Spring Street;'- Jelrersori v111e, INu �; .7130; and n(4):- J lereopv1IIe�..pe pt, of Rede-, velopment.t30117-Uartertnaster ,CI. : Jenersonyf ire IN 47130 The origl-, neI peg( surra 0q fU tfhe'oil(ce'of'. the Jefferson fe City, 01err r at;fel= +; tersonvlpe j.,CUykr fl ll, -500; Qt,arte er Court, Jeffersonville; in ns s . • .13e In noted dur. Ing re sr nese hoUrre. Noticoi Isr given the a publtc hearing' on:1he petllon;v bfi_:tield by ;the', Gyty Council at its regular meets on; Monday ;October 5, 2015: , 7.00 o'clock its. (prevalling local; Urn� , lnrthe CItty Council Chambers ii Roam,10i^=of:JelfereonvCIille Hii ,; 500 Quartarester`'Oourl, Jet fersor1vlle01ndfana At till heeringr arry._ person .by H eggdeved ite frog= pcaed vacatlo Irma ob eatto It -as ptoyided by .Ct) ODE § 36-7-- 13:SE0 ri[ceyI g;V:eriwttds tffe 11th dayo,tSeracerber2015 tV ,.,, "/s/ Vloki Collin,Jelorsonvlie Oily . OlekThtsiioticereparedby'Ai M Appleggatettona APPr GATFIFER:PU LC428. : Metgsi.,t; .aAvenue ,Jetferae leer lndian4 , `4713j 1418 (812), 284-. 9l#9 ..: ,,... 1. hspaxlp; i` P F 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 #( 3 ) time(s) to -wit: in issue of said NEWS AND TRIBUNE Dated: 9/11, 9/18, 9/25 2015 (X) Liligag Z-ZieZeZi/ STATE OF INDIANA COUNTY OF CLARK Subscribed and sworn to before me this puri dayofCz.,l'tp- (X) Joannoalligan 2015 Notary Public, Clark County, Indiana (My Commission Expires August 27, 2022