HomeMy WebLinkAbout2003-OR-27ORDINANCE NO. 2003-OR-27
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE
WI-IEREAS, on the 3e> day of ~ , 2003, The Board of Trustees of Clark
Memorial Hospital filed its Petition to Vacate Public Ways in the City of Jeffersonville, which
public ways are described in Exhibit "A", attached hereto and incorporated herein by reference (the
"Alleys"), with thc Jeffersonville Common cotmcil (the "Council"), which petition reads as follows:
Here insert PETITION TO VACATE PUBLIC WAY IN TI-IE CITY OF JEFFERSONVILLE;
and
WlIEREAS, notice of a public hearing on The Board of Trustees of Clark Memorial
Hospital's Petition to Vacate the Alley was published in the Evening News on 5 day of
_~a~___, 2003. (See Publisher's Affidavit attached hereto as Exhibit "B"); and
WHEREAS, there were no abutting property owners other than The Board of Trustees of
Clark Memorial Hospital so notice ora public hearing on The Board of Trustees of Clark Memorial
Hospital' s Petition to Vacate mailed by certified mail to each owner of land that abuts the Alley was
not necessary; and
WltEREAS, onthe 2[ dayof ~ , ,2003, the Council held a public
hearing on The Board of Trustees of Clark Memori~ Hospital s Petition and made the following
findings:
1. The best use of the alleys would be to vacate them.
The vacation of the alleys as described herein would not injure the public health,
safety, welfare or morals of the community.
It would be in the best interest of the City of Jeffersonville to grant The Board of
Trustees of Clark Memorial Hospital's Petition to Vacate the Alley.
NOW, TItEREFORE, IT IS It2EREBY ORDAINED, pursuant to the provisions of I.C.
36-7-3-12, that the public ways described in Exhibit "A" attached hereto and incorporated herein by
reference are hereby vacated and the Clerk-Treasurer is hereby instructed 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.
This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this
day of
,2003.
Presiding f~lalcerliga~ //y '
Attest:
Peg ~y"(~i~er
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville, Indiana this
0_~ day of ~:2k~x~.~gc: ,2003 at \[ o'clock t~ .m.
0
Peggy
Clerk-Treasurer
This Ordinance approved and signed by me th/s
2003 at II" OO o'clock .j~ .m.
~ TlSor~as R. G igan, y 'x,
EXIIIBIT A
4,030 SQUARE FEET ALLEY LOCATED BETWEEN BLOCK 5 AND 4
OF ANNA L. AND WILLIAM T. INGRAM'S SUBDMSION
Being a 10 feet wide alley between Block 5 of Anna L. and William T. Ingram's
Subdivision of Part of Lots 17 and 18 o£the Leavenworth Subdivision of Part of Lot
8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4, Page 18,
of the Clark County Records), and Block 4 of Anna L. and William T. Ingram's
Subdivision of Part of Lot 17 of the Leavenworth Subdivision of Part of Lot 8 of the
Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4, Page 20, of the
Clark County Records), being further described as follows:
BEGINNING at a railroad spike On the southeast comer of Lot 4 of said Block 5,
same being~on the north Right-of-Way line of Thirteenth Street and the west line of
said alley to be vacated; Thence N.0°02'34"W., (Basis of Bearings), along said west
line and the east line of Lots 4,7,8,9,10,11,12,13,14, and 15 of said Block 5,403 feet
to a "Mag" nail on the South Right-of-Way line of Stansifer Avenue (formerly
Fourteenth Street); Thence N.89°57'26"E., 10 feet to the west line of Lot 12 of said
Block 4 and the east line of said alley to be vacated; Thence S.0°02'34"E. along said
east line and the west line of Lots 12,11,10,9,8,7,6,5,4, and 3 of said Block 4,403.05
feet to the southwest comer of said Lot 3, same being on the north Right-of-Way line
of Thirteenth Street; Thence N.89°46'31"W. along said north line, 10 feet to the
PLACE OF BEGINNING. Containing 4,030 square feet, and being subject to al1
easements of record.
1,300 SQUARE FEET AI,LEY LOCATED IN BLOCK 5 OF ANNA L. AND
WILLIANI T. INGRAM'S SUBDMSION
Being a 10 feet wide alley in Block 5 of Anna L. and William T. Ingram's
Subdivision of Part of Lots 17 and 18 of the Leavenworth Subdivision of Part of Lot
8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4, Page 18,
~)fthe Clark County Records), and being further described as follows:
BEGINNING at a railroad spike on the southwest comer of Lot 7 of said
Subdivision, same being on the east Right-of-Way line of Akers Avenue and the
north line of said alley to be vacated; Thence S.89°46'3 i"E., (Basis of Bearings),
along said north line and the south line of said Lot 7, 130 feet to a drill hole on the
southeast comer of said Lot 7, same being on the west line of another 10 feet wide
alley; Thence S.0°02'34"E. along said west line, 10 feet to a steel pin on the northeast
comer of Lot 4 of said Subdivision, same being on the south Line of said alley to be
vacated; Thence N.89°46'31" W. along said south line and the north line of Lots 4,
5, and 6 of said Subdivision, 130 feet to a railroad spike on the northwest comer of
said Lot 6, same being on the east Right-of-Way line of Akers Avenue; Thence
N.0°02'34"W. along said Right-of-Way line, 10 feet to The PLACE OF
BEGINNING. Containing 1,300 square feet, and being subject to all easements of
record.
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
THE BOARD OF TRUSTEES OF CLARK MEMORIAL
HOSPITAL'S TO VACATE PUBLIC WAY IN JEFFERSONVILLE, INDIANA
PETITION TO VACATE PUBLIC WAY
Comes now The Board of Trustees of Clark Memorial Hospital, (Petitioner), by and through
it's Vice-President Fred Horlander and hereby petitions The Council of the City of Jeffersunville,
Indiana, as follows:
That the Petitioner is the fee simple owner of the real estate in the City of
Jeffersonville, Clark County, Indiana described as follows:
Being Lots 1, 2, 3, 4, 5 and a vacated alley in Block 4 of Auna L. and William T.
Ingram's Subdivision of Part of Lot 17 of the Leavenworth Subdivision of Part of Lot
8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4, page 20,
of the Clark County Records), and being further described as follows:
Beginning at the southeast comer of said Lot 1, same being the Northwest comer of
Duncan Avenue and Thirteenth Street; thence North 89 degrees, 46 minutes, 31
seconds West, along the North Right of Way line of said Thirteenth Street, 135 feet
to the Southwest comer of said Lot 3, same being on the East line of a 10 feet wide
alley; Thence North 0 degrees, 02 minutes, 34 seconds West along said East line,
(passing a vacated alley from 130 feet to 140 feet), 206 feet to the Northwest comer
of said Lot 5; Ther/ce South 89 degrees, 46 minutes, 31 seconds East along the North
line of said Lot 5, 135 feet to a steel pin on the Northeast comer of said Lot 5, same
being on the West: Right of Way line of said Duncan Avenue; Thence South 0
degrees, 02 minutes, 34 seconds East, (basis of bearing), along said West Right of
Way line, (passing a vacated alley from 66 feet to 76 feet), 206 feet to the PLACE OF
BEGINNING. Containing 27,810 square feet, and being subject to all easements of
record.
Also,
Being Lots 4, 5, and 6 in Block 5 of Anna L. and William T. Ingram's Subdivision
of Part of Lots 17 and 18 of the Leavenworth Subdivision of Part of Lot 8 of the
Illinois Grant to Clark County, Indiana, (as shown in Plat Boo 4, page 18, of the
Clark County Records), and being further described as follows:
Beginning at the Southwest comer of said Lot 6, same being the Northeast comer of
Akers avenue and Thirteenth Street; Thence North 0 degrees, 02 minutes, 34 seconds
West, (basis of bearing), along the East Right of Way line of said Akers Avenue, 130
feet to a railroad spike on the Northwest comer of said Lot 6, same being on the
South line ofa 10 feet wide alley; Thence South 89 degrees, 46 minutes, 31 seconds
East, along said South line, 130 feet to a steel pin on the Northeast comer of said Lot
4, same being on the West line ora 10 feet wide alley; Thence South 0 degrees, 02
minutes, 34 seconds East along said West line, 130 feet to a railroad spike on the
Southeast comer of said Lot 4, same being on the North Right of Way line of said
Thirteenth Street; thence North 89 degrees, 46 minutes, 31 seconds West, along said
North Right of Way line, 130 feet to the PLACE OF BEGINNING. Containing
16,900 square feet, and being subject to all easements of record.
AIso,
Being all of Lots 7, 8, 9, 10, 11, 12, 13, 14, and a part of Lot 15 in Block 5 of Anna
L. and William T. Ingram's Subdivision of Part of Lots 17 and 18 of the
Leavenworth Subdivision of Part of Lot 8 of the Illinois Grant to Clark County,
Indiana, (as shown in Plat Book 4, page 18, of the Clark County Records), and being
further described as follows:
Beginning at the Southwest comer of said Lot 6, same being the Northeast comer of
Akers Avenue and Thirteenth Street; Thence North 0 degrees, 02 minutes, 34
seconds West, (basis of bearing), along the East Right of Way line of said Akers
Avenue, 140 feet to a railroad spike on the Southwest comer of said Lot 7, same
being on the North line of a 10 feet wide alley, the TRUE PLACE OF BEGINNING;
Thence continuing North 0 degrees, 02 minutes, 34 seconds West, along said East
Right of Way line, 258 feet to a drill hole on the Northwest comer of a tract of land
described in Computer Deed Number 3207932 of said County Records; Thence
North 88 degrees, 01 minutes, 19 seconds East along the North line of said tract,
130.07 feet to a "Mag" nail on the Northeast comer of said tract, same being on the
West line ora 10 feet wide alley; Thence South 0 degrees, 02 minutes, 34 seconds
East, along said West line, 263 feet to a drill hole on the Southeast comer of said Lot
7, same being on the North line of a 10 feet wide alley; Thence North 89 degrees, 46
minutes, 31 seconds West, along said North line, 130 feet to the TRUE PLACE OF
BEGINNING. Containing 33,865 square feet, and being subject to all easements of
record.
That two (2) ten (10) foot alleys run in the middle of the Petitioner's real estate, one
containing 4,030 square feet and runs in a North-South directiofi and the other alley,
containing 1,300 square feet and runs in an East-West direction.
That the public way herein sought to be vacated is located in City of Jeffersonville,
State of Indiana, and described as follows to-wit:
4,030 SQUARE FEET hI,I,F,Y LOCATED BETWEEN BLOCK 5 AND 4 OF
ANNA L. AND WII,LIAM T. INGRAM'S SUBDMSION
Being a 10 feet wide alley between Block 5 of Anna L. and William T. Ingram's
Subdivision of Part of Lots 17 and 18 of the Leavenworth Subdivision of Part of Lot
8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4, Page 18,
of the Clark County Records), and Block 4 of Anna L. and William T. Ingram's
Subdivision of Part of Lot 17 of the Leavenworth Subdivision of Part of Lot 8 of the
Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4, Page 20, of the
Clark County Records), being further described as follows:
BEGINNING at a railroad spike on the southeast comer of Lot 4 of said Block 5,
same being on the north Right-of-Way line of Thirteenth Street and the west line of
said alley to be vacated; Thence N.0°02'34"W., (Basis of Bearings), along said west
line and the east line of Lots 4,7,8,9,10,11,12,13,14, and 15 of said Block 5,403 feet
to a "Mag" nail on the South Right-of-Way line of Stansifer Avenue (formerly
Fourteenth Street); Thence N.89°57'26"E., 10 feet to the west line of Lot 12 of said
Block 4 and the east line of said alley to be vacated; Thence S.0°02'34"E. along said
east line and the west line of Lots 12,11,10,9,8,7,6,5,4, and 3 of said Block 4,403.05
feet to the southwest comer of said Lot 3, same being on the north Right-of-Way line
of Thirteenth Street; Thence N.89°46'31"W. along said north line, 10 feet to the
PLACE OF BEGINNING. Containing 4,030 square feet, and being subject to all
easements of record.
1,300 SQUARE FEET A1J~EY LOCATED IN BLOCK 5 OF ANNA L. AND
YVII,T,IA1VI T. INGRAM'S SUBDIVISION
Being a 10 feet wide alley in Block 5 of Anna L. and William T. Ingram's
Subdivision of Part of Lots 17 and 18 of the Leavenworth Subdivision of Part of Lot
8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4, Page 18,
of the Clark County Records), and being further described as follows:
BEGINNING at a railroad spike on the southwest comer of Lot 7 of said
Subdivision, same being on the east Right-of-Way line of Akers Avenue and the
north line of said alley to be vacated; Thence S.89°46'31"E., (Basis of Bearings),
along said north line and the south line of said Lot 7, 130 feet to a drill hole on the
southeast comer of said Lot 7, same being on the west line of another 10 feet wide
alley; Thence S.0°02'34"E. along said west line, 10 feet to a steel pin on the northeast
comer of Lot 4 of said Subdivision, same being on the south Line of said alley to be
vacated; Thence N.89°46'31" W. along said south line and the north line of Lots 4,
5, and 6 of said Subdivision, 130 feet to a railroad spike on the northwest comer of
said Lot 6, same being on the east Right-of-Way line of Akers Avenue; Thence
N.0°02'34"W. along said Right-of-Way line, 10 feet to The PLACE OF
BEGINNING. Containing 1,300 square feet, and being subject to all easements of
record.
4. That the best use of the public way would be to allow it to be vacated.
That the vacation of the public way as described herein would not injure the
public health, safety, or morals of the community.
That it would be in the best interests of the City of Jeffersonville to grant the
petition set forth above.
o
That the Petitioner owns all land that abuts the property proposed to be vacated,
thereby notice by certified mail is not required to any other property owner.
WHEREAS, the undersigned hereby request that the Council of the City of Jeffersonville,
Indiana hold a hearing on this petition within thirty days after this petition is filed and that due notice
of the time and place o£the hearing be given in accordance with I.C. 36-7-3-12 and specifically in
the manner prescribed in I.C. 5-3-1 and that after such heating that the Council of the City of
Jeffersonville, Indiana vacate the public way described in this petition.
This ~/-~ day of ~ .. ,2003
The Board of Trustees of Clark Memorial
Hospital
Fred ttfO/rlander, Vice-President
THIS DOCUMENT PREPARED BY:
Ernest W. Smith, I.D. #10700-10
Rachele L. Cummins, I. D. #22323-49
Smith, Bartlett, Heeke, Carpenter,
Thompson & Fondrisi, LLC
209 E. Chestnut Street
P. O. Box 98
Jeffersonville, IN 47131-0098
Telephone: 282-7736
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
THE BOARD OF TRUSTEES OF CLARK MEMORIAL
HOSPITAL'S TO VACATE PUBLIC WAY IN JEFFERSONVILLE, INDIANA
NOTICE OF HEARING ON PETITION TO VACATE PUBLIC WAY IN
JEFFERSONVILLE, INDIANA,
Notice is hereby given that The Board of Trustees of Clark Memorial Hospital has filed a
Petition with the Jeffersonville City Council asking for the vacation of the ten (10) foot alleys
located in the City of Jeffersonville, State of Indiana and described as follows:
4,030 SQUARE FEET ALLEY LOCATED BETIVEEN BLOCK 5 AND 4
OF ANNA L. AND WILLIAM T. INGRAM'S SUBDMSION
Being a 10 feet wide alley between Block 5 of Anna L. and William T. Ingram's
Subdivision of Part of Lots 17 ami 18 of the Leavenworth Subdivision of Part of
Lot 8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4,
Page 18, of the Clark County Records), and Block 4 of Anna L. and William T.
Ingram's Subdivision of Part of Lot 17 of the Leavenworth Subdivision of Part of
Lot 8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4,
Page 20, of the Clark County Records), being farther described as follows:
BEGINNING at a railroad spike on the southeast comer of Lot 4 of said Block 5,
same being on the north Right-of-Way line of Thirteenth Street and the west line
of said alley to be vacated; Thence N.0°02'34"W., (Basis of Bearings), along said
west line and the east line of Lots 4,7,8,9,10,11,12,13,14, and 15 of said Block 5,
403 feet to a "Mag" nail on the South Right-of-Way line of Stansifer Avenue
(formerly Fourteenth Street); Thence N.89°57'26"E., 10 feet to the west line of Lot
12 of said Block 4 and the east line of said alley to be vacated; Thence
S.0°02'34"E. along said east line and the west line of'Lots 12,11,10,9,8,7,6,5,4,
and 3 of said Block 4, 403.05 feet to the southwest comer of said Lot 3, same
being on the north Right-of-Way line of Thirteenth Street; Thence N.89°46'3 I"W.
along said north line, 10 feet to the PLACE OF BEGINNING. Containing 4,030
square feet, and being subject to all easements of record.
1,300 SQUARE FEET ALLEY LOCATED IN BLOCK 5 OF ANNA L. AND
WILLIAM T. INGRAM'S SUBDMSION
Being a 10 feet wide alley in Block 5 of Anna L. and William T. lngram's
Subdivision of Part of Lots 17 and 18 of the Leavenworth Subdivision of Part of
Lot 8 of the Illinois Grant to Clark County, Indiana, (as shown in Plat Book 4,
Page 18, of the Clark County Records), and being further described as follows:
BEGINNING at a railroad spike on the southwest comer of Lot 7 of said
Subdivision, same being on the east Right-of-Way line of Akers Avenue and the
north line of said alley to be vacated; Thence S.89°46'3 i"E., (Basis of Bearings),
along said north line and the south line of said Lot 7, 130 feet to a drill hole on the
southeast comer of said Lot 7, same being on the west line of another 10 feet wide
alley; Thence S.0°02'34"E. along said west line, 10 feet to a steel pin on the
northeast comer of Lot 4 of said Subdivision, same being on the south Line of
said alley to be vacated; Thence N.89°46'31'' W. along said south line and the
north line of Lots 4, 5, and 6 of said Subdivision, 130 feet to a railroad spike on
the northwest comer of said Lot 6, same being on the east Right-of-Way line of
Akers Avenue; Thence N.0°02'34"W. along said Right-of-Way line, 10 feet to The
PLACE OF BEGINNING. Containing 1,300 square feet, and being subject to all
easements of record.
Petitioner is requesting that said alleys be vacated in their entirety.
A public hearing will be held on the ff'~/~ day of July, 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 p~sons will be heard in
reference to the matters set out in said petition.
Attorney for Petitioner:
Peggy Wilder
Clerk-Treasurer
Ernest W. Smith, I.D. #10700-10
Rachele L. Cummins, I. D. #22323-49
Smith, Bartlett, Heeke, Carpenter,
Thompson & Fondrisi, LLC
209 E. Chestnut Street
P. O. Box 98
Jeffersonville, IN 47131-0098
Telephone: 282-7736
COUN~ I~ DFT~E~oFr~
;OF JEFFERSONVILLE;
~.~ND*.A ~ ] STATE OF INDIANA
THE
~?}/~1~.~}~?~,~ COUNTY OF CLARK- SS
VACATE PuBLIc WAY:;IN LIAM ~; INGEAM'S SUB~
of
~?~~~ boo r t en, and in the employ
~C6~~~Y ~~ ~'~'"~ ng fdr th~ ~aca- ~ou~ ~ecords), and :be-
:tion ~f'th~ ted (1~) fobt ~1-ing fu~her described as foF ~/ [H~ ~UDIIsRer OT
,BE~EEN BLocK 5 AND bf Akers AVenue and the
DIVISION. Being ~: ?o-foOt S9°46'31'' E., (~iS 0f,
Wide a ey between Bieck 5 Bearings), along s~i~.
0f ~dna: g: and wilg~m T: ne and the sou n une,
.,o, o, ... 0, .o, ~ ~,,~,~ .~ o.t.~ ~.,, ,,.. ~, a,-~ daily newspaper of general circulation printed and
~: indians as shown in ~Thence S. 0002'34'' E .....
.,~t ~.; .~. ~, o,,~,0~w~.,~,~,o~.¢ubhshed ~n tho c~ty of Jeffersonvdle, Clark Countv,
the CIa~ Coun~ Re~s), to a ~e01 pin on the no~-~
.... ......... ~ ......ai~ onState of Indiana and fu~her sa s that the annexed
- ,, ': · :.advert sement was Dub shed n sa d paper for
4 ~ag~ 20, bf the c~ar~; SubdMsibn/~30 feet to
C~un~ Records), beng fur: r~ilr0ad spike on the'noah~t~"
ther de~cri~d as fallows; ~e~ Corner of said EOt ~;~ ..... ~ ~ ~ '
BEGINNING at a,railro~d!
spike on the Squtheast cbr-
nor of Lot 4 of Said Block 5,
same b~ing on the north;
Right-of-Way 'line of Thir-
teen~h Street and the west
Iins of'said alley tO be va-
cared; T~enne N; 0°02'34?
W., (Basis ef Bearings),
along said west [ins and the
east tine of Lot§ 4, 7, 8, 9,
d0, t'1; 12, t3, 14, and f5
of said Block 5, 408 feet to
a "Mag" nail On the Soutl'
RigHt-of-Way
fer Avenue (formerly Four.
teenth Street); Thence
89°57~26'~ E. 10 feet to th~
west line'of'Lo 1~ 5~ saic
Block 4 and 'the east line o'
said alley, to 'be vacated
Thence S. "0°02'34~' E
along said east lids'and th~
west line of Lots 12, tl, 10
9, 8, 7, 6, 5, 4 and 3 of ssi(
g, 02'34 W, alos~ said
Right;o~*-Wa'~ h~,lO fe~t tO
~ille; ndisna at which-time
~ ~ill interested pe
d[
Bock 4, 403 Og feet to the',
Thirteenth Street; Thence
~CE OF BEGINNING. 209E; Chestnut S~ eet P.
~if ~asements ~f ~eC&~d, -~' 282+~736
Publication
Fee $
STATE OF INDIANA
COUNTY OF CLARK
Subscribed and sworn to before me this
· Notary Public, Clark County, Indiana
(My Commission ExPires)