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Home My WebLink About2003-OR-15ORDINANCE NO. 2003-OR-15 ORDINANCE GRANTING PETITION TO VACATE A PUBLIC EASEMENT IN THE CITY OF JEFFERSONVILLE WI-IEREAS, on February 24, 2003, Gary L. French and Mary A. French, ("Petitioners") filed their Petition to Vacate a Portion of a Public Easement in the City of Jeffersonville, which public way is described in Exhibit "A", attached hereto and incorporated herein by reference with the Jeffersonville Common Council (the "Council"), which petition reads as follows: PETITION TO VACATE PART OF A PUBLIC EASEMENT IN TIlE CITY OF JEFFERSONVILLE; and WltEREAS, notice of a public heating on the petitioner' s Petition to Vacate Part of a Public Easement was published in the Evening News on February 28, 2003; and WItEREAS, notice ora public hearing on the petitioner's Petition to Vacate was mailed by certified mail to each owner of land that abuts the Public Easement; and Wlt'EREAS, on March 17, 2003 the Council held a public hearing on the Petitioner' s Petition and made the following findings: 1. The best use of the Public Easement would be to vacate it. 2. The vacation of the Public Easement 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 Petitioner's Petition to Vacate the Public Easement. NOW, TItEREFORE, IT IS ItEREBY ORDAINED, pursuant to the provisions of I.C. 36-7-3-12, that the public easement describe? m~ Exhibit ".A'~ att ~ac~e_d_,h_e.r~et~o~ a.n~dr~;~P~;~vd oh~.~ by reference is hereby vacated and the Cler~c. lreasurer is nereoy m~u u,,~u ,,, ~ r~ Ordinance in the office of the Clark County Recorder and deliver a copy of this Ordinance to the Clark County Auditor. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this day O~ ...... ~ Th6mas K. Galligan Presiding Officer Attest: c~o_ ,%~ b.>~__~--~ -- Peggy W~tl~el~ Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonvitle, Indiana this day o~qa,x 2003, at \O o'clock t~- .m. Pe~gy~vVi~e? Clerk-Treasurer This Ordinance appr,~ved and signed by me this q~ day of~M~,, 2003, at I~',O0 o'clock_ p'l .m. BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF GARY L. FRENCH AND MARY A. FRENCH TO VACATE PART OF A PUBLIC EASEMENT IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA NOTICE OF HEARING ON PETITION TO VACATE PART OF A PUBLIC EASEMENT IN JEFFERSONVILLE, INDIANA Notice is hereby given that the Gary L. French and Mary A. French ("Petitioners") have filed a Petition with the Jeffersonville City Council, Jeffersonville, Indiana asking for the vacation of part of a public easement that is in part of Lot 7 in Carriage House Court, as shown in Plat Book 12, Page 17 on file in the Office of the Clark County Recorder, Clark County, Indiana. A public hearing will be held on March 17, 2003 at 7:30 p.m. in the multi-purpose hearing room on the third floor of the City-County Building at 501 E. Court Avenue, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said petition. David Nachand, Attorney 426 E. Court Avenue Jeffersonville, IN 47130 (812) 282-1361 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF GARY L. FRENCH AND MAR~Y A. FRENCH TO VACATE PART OF A PUBLIC EASEMENT IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA PETITION TO VACATE PART OF A PUBLIC EASEMENT Gary L. French and Mary A. French ("Petitioners") hereby petition the City of Jeffersonville, Indiana as follows: 1. That the plat of Carriage House Court was filed with the Clark County Recorder's office in Plat Book 12, Page 17. 2. That the Petitioners are the fee simple owners of. Lot 7 of said plat. ., 3. That the plat for Carriage House Court as above described contains a 20 foot wide utility easement generally located parallel to and on both sides of the lot line dividing Lots 7 and 8 of Carriage House Court and being located 10 feet wide upon Lot 7 and 10 feet wide upon Lot 8 of Carriage House Court. 4. That a portion of Petitioners' residence as now located on Lot 7 in Carriage House Court was erroneously constructed within the area of the 20 foot easement as above described. 5. That to the best knowledge of Petitioners, no utility is located within the above described 20 foot wide utility easement: 6. That the Petitioners seek to vacate that portion of the above described 20 foot wide utility easement over which their residence is now constructed and which is located in the City of Jeffersonville, Clark County, State of Indiana and described as follows, to-wit: EXHIBIT Being a part of Lot 7 in Carriage House Court, as shown in Plat Book 12, Page 17 of the Clark County, Indiana records and being further.described as follows: Beginning at the east comer of said Lot; Thence Ni 37° 30' W., along the northeast line of said Lot 7, 6 feet; Thence S. 52 20 46 W., 3 feet to THE TRUE PLACE OF BEGINNING: Thence continuing S. 52° 20' 46" W., 7 feet; Thence N. 37° 30' W., 29.98 feet; Thence 7.05 feet along the arc of a 65-foot radius curve to the left (concave northerly) being subtended by a chord bearing N. 59° 00' 17" E., 7.04 feet; Thence S. 37° 30' E., along said northeast line, 29.16 feet to THE TRUE PLACE OF BEGINNING. Containing 207 square feet. 7. The portion of the 20 foot wide utility easement which Petitioners wish to vacate is also shown on the plat drawing attached hereto. 8. That the names and addresses of all owners of la,nd that abut the portion of the utility ,easement sought to be vacated or which otherwise should receive notice of this Petition are as follows: Leon Prichard 905 Carriage House Court Jeffersonville, IN 47130 Rosalie Prichard 905 Carriage House Court Jeffersonville, IN 47130 Steve Kempf 914 Spfingdale Drive, Suite 2 Jeffersonville, IN 47130 Barbara S. Vorgang 900 Carriage House Court Jeffersonville, IN 47130 Jefferson N. Faulkner 1809 Long Street leffersonville, IN 47130 Terry L. Caswell 1809 Long Street Jeffersonville, IN 47130 Raymond G. Harris 1805 Long Street Jeffersonviller IN 47130 Vicki L. Harris 1805 Long Street Jeffersonville, IN 47130 ,easement described m this Petition. WltEREAS, the Petitioners hereby request the City of ~effersonville, by its City Council, to hold a hearing on this Petition and that due notice of the time and place o.f the heating be given in accordance with Indiana Code 36-7-3-12 and specifically in the manner prescribed in Indiana Code 5-3-1 and by certified mail to each owner of land that abuts the easement proposed to be vacated and that after such hearing that the City Council of Jeffersonville, Indlana vacate the portion of the public Mary %. l~ncli .... This Document Prepared by: David Nathan'-,, Attorney 426 El Court Avenue Jeffersonville, IN 47130 (812) 282-1361 Supreme Court ~9563-10 Indian LOT 7-, CAFRIAGK ~OU$~ COU~T, PL~T BOOK IZ, P~GE PnOPE~:TY l ~S - gO1 C~RRi~GE ~OUSE COURT., JEFFER~O~ILLE, IN, ~71~0 '.~ : ' ~07 W. $p~ Seeet, New ~ban~ tn~e ' .