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Home My WebLink About1991-OR-01AN ORDINANCE VACATING A PART OF OH10 AVENUE IN THE CITY OF JEFFERSONVILLE, INDIA~k WHEREAS, Southern Indiana Mental Health and Guidance Center~ d/b/a L[feSpring, (hereinafter referred to as LifaSpring) filed a petition requesting the City of Jeffersonvilte~ Indiana to vacate a part of a public way~ which said petit, ion reads in the following words and figures, to-wit: (H.I.); and WHEREAS, the Common Council has caused a public hearing to be fixed for January ~ , 1991, at ?:30 p.m. in the Council Chambers, and the Clerk-Treasurer has caused a notice of ~' ~ hearing to be duly published in the Jeffersonvil!e Evenly9 ~e%~s and in the Clark County Journal; and~ WHEREAS, on January ~ ~ 1991, at 7:30 p.m.: at e Drcoeri~.- convened public meeting, the Common Cou'ncil has heard ail persons w~shing to be heard on said petition and has determir~ed that neither the public nor the City of Jeffersonville w~!l' be ~ ~n~rmed or damaged by the vacation of that part of Ohio Avenu~ despribed in said petition~ provided that the City reserves easemonts to construct and maintain in the vacated ~orticns of said streen such storm or sanitary sewer lines as may be needed by the City or its sewer utility from time to time, and further provided tha~: said property vacated is co remain subject' to all utility easements of record. NOW~ THEREFORE, BE IT ORDAINED by the Common Council cf the City of Jeffersonville~ Ind~iana: 1. That the following idescribed portions of platted public ways b? and the same are hereby vacated, subject only to the rxght of ~the City of Jeffergonvllle or its sewer utility 'co construct and maint~i6 in s~¥id vacated area'such storm or s~nitary sewer 'ines as m~y.%e needed~ and to operate its vehicles on that property~ and said property vacated remains s~bject to all utility easements of record. A part of Ohio Avenue in the City of Jeffersonville, more particularly described as follows: Beginning at an iron pin marking the northwest corner of Block 13, City of Jeffersonville, which corner is the intersection of the easterly line of Ohio Avenue with the southerly line of Maple Street and running thence So ~4 degrees 25' 55" Wo along the easterly line of Ohio Avenue fo~ a distance of. 92.62 feet to an iron pin in the eastern right-of-way line of Interstate Highway 65; thence running N. 19 degrees 25' 03" W. for a distance of 76°72 feet to a point in the southerly line of Maple Street~ extended~ thence running N. 58 degrees 32' E. along said extension of Maple Street for a distance Of 38.29 feet'to an iron pint the place of beginnlng~ containing in all 0.~33 acre. This ordinance shall be ~n full force and effect upon its timely passagev promulgation and approval by the Mayor° PasSed and adopted by the Common Council of the City of Jeffersonville~ Indiana on this . day of January, 1991. ~SI' ~~NCIL Attest: CLERK-' ~ TRE~ASU RE~ ~/ : Presented by me as Clerk-Treasurer of J~ffersonville on to the Ma~or of said City this '.!._~_ day of 1991. C., RrCHARD SPEN~~ CLERK-TREASURER~ ordinance appro,~e~ and signed by me this ~'~day of To: The Honorable Dale L. Orem, Mayor, and The Common Council of the CiTy of Jeffersonville, Indiana PETITION TO VACATE PART OF A PUBLIC WAY The undersigned petitioner~ Southern Indiana Mental Health and Guidance Center, Inc.~ d/b/a LifeSpring (hereinafter referred to as LifeSpring), hereby petitions the Mayor and the Common Council of the City of Jeffersonville, Clark County, Indiana, as follows: That LifeSpring is the owner of a certain pa:cel of real estate situated in the City of Jeffersonville, County of Clark, State of Indiana, described as follows: A part of Lot 12 of Barnett and Ray's Subdivision of Block 13, a part of Block 13, and a part of lot 171, all in the City of Jeffersonville, Clark County, Indiana, and being more particularly described as follows: Beginning at the northwest corner of said Block 13, the same being the intersection of the easterly line of Ohio Avenue with the southerly line of Maple Street, and running thence N. 58 degrees 32' E. along the southerly line of Maple Street for a distance of 113 feet to a point; thence running S. 29 degrees 02' W., severing lot 171, for a distance of 213.2 feet to a point in the northerly line of an alley; thence running S. 58 degrees 32~ W. along the line of said alley for a distance of 81.48 feet to a point in the east line of an alley; thence running N. 07 degrees 5' 20" W. along the east line of the alley for a distance of 11.92 feet to an iron pin; thence running N. 85 degrees 54' 15" W. along the south line of lot 12 for a distance of 116.90 feet to an iron pin in the eastern right-of-way line of Interstate Highway 65; thence running N. 19 degrees 25' 03" W. along the right-of-way line of 1-65 for a distance of 60.69 feet to an iron pin in the easterly line of Ohio Avenue; thence running N. g4 degrees 25' 55" E. along the easterly line of Ohio Avenue for a distance of 92.62 feet to an iron pin, the place of beginning, containing in all .0687 acre. 2. That said real estate is contiguous to Maple Street and Ohio Avenue in Jeffersonville, Clark County, Indiana. 3. That LifeSpring intends to construct a building on said 0.687 acres, and it would be to its benefit for a part of Ohio Avenue to be vacated. 4. That said part of Ohio Avenue is not used or needed as a public way. 5. That the part of Ohio Avenue that the petitioner specifically requests to be vacated is described as follows~ to-wit: A part of Ohio Avenue in the City of Jeffersonville, more particularly described as follows: Beginning at au iron pin marking the northwest corner of Block 13, City of Jeffersonvi!le, which corner is the intersection of the easterly line Of Ohio Avenue with the southerly line of Maple Street and running thence $. 04 degrees 25' 55" W. along the easterly line of Ohio Avenue for a distance of 92.62 feet to an iron pin in the eastern right-of-way line of Interstate Highway 65; thence running N. 19 degrees 25' 03" W. for a distance of 76.72 feet to a point in the southerly line of Maple Street, extended~ thence running N. 58 degrees 32' E. along said extension of Maple Street for a distance of 38.29 feet to an iron pin, the place of beginning, containing in all 0.g33 acre. 6. That a drawing showing that part of Ohio Avenue is attached to this petition and marked as Exhibit A. 7. That LifeSpring is the sole owner of property abutting that portion of Ohio Avenue requested to be vacated, with the exception that the State of Indiana's Interstate Highway 65 is immediately to the west of said Ohio Avenue. 8. That LifeSpring states that neither the public nor the City of Jeffersonville will suffer damage or be harmed if said portion of Ohio Avenue is vacated. WHEREFORE, in accordance with the provisions of !. C. 36-7-3-12, LifeSpring requests that the Mayor and the Common Council of Jeffersonville, Indiana adopt an ordinance that vacates the part of Ohio Avenue described in this petition. Southern Indiana ~ Guidance Center, Inc.~ d/b/a LifeSpring By: E~tive Director Prepared by: Robert A. Kelso 499 Bank Street P. O. Box 785 New Albany, Indiana 47151-0785 207 W. SPRING STREET NEW ALBANY, INDIANA 47150 ¢12) 944-8222 CONSULT,~NTS CIVIL ENGINEERING LAND SURVEYING PLANNING 11/20/90 DESCRIPTION OF 0.033 ACRE PART OF 0H!OAVENUE ADJACENT TO THE 0,687 ACRE TRACT OF LIFESPRING DESCRIPTION: A PART OF 0HIO AVENUE IN THE CITY OF JEFFERSONVILt_E, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN MARKING THE NORTHWEST CORNER OF BLOCK 13, CITY OF JEFFERSONVILLE, WHICH CORNER IS THE INTERSECTION OF THE EASTERLY LINE OF 0HIO AVENUE WITH THE SOUTHERLY LiNE OF MAPLE STREET AND RUNNING THENCE S.04°25'55"W. ALONS THE EASTERLY LINE OF 0HiO AVENUE FOR A DISTANCE OF 92.62 FEET TO AN IRON PIN INTHE EASTERN RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 55; THENCE RUNNING N.19°25'03"W. FOR A DISTANCE OF 76.72 FEET TO A POINT IN THE SOUTHERLY LINE OF MAPLE STREET, EXTENDED; THENCE RUNNING N.58°32'E. ALONG SAID EXTENSION OF MAPLE STREET FOR A DISTANCE OF 38.29 FEET TO AN IRON PIN, THE PLACE OF BEGINNING, CONTAINING IN ALL 0.033 ACRE. the of Jeffersonville tescribed n iron pin northwest easterly line of Ohio A~enue with the sou~berly line of! Maple Street and rundin thence S, 04 degrees 25' 55 W. along the easterly line of Ohio Avenue for a distance of 92.62 feet to an iron pin in the eastern right-of-way line · :'6f Inte~estate Highway tbehce r~nning N. 19 degrees 25' 03" W: for a distance of~ 76.72 feet to a poln~ in the southerly loine of Maple Street, extended; thence running N. 58 degrees 32 E. alonag said extension of MapIe Street for a distance 0f 38.29 feet to an iron pin, the place of beginning, con- taining in all 0.033 acre, ,A public hearing for this Jant~ary 7, 1991, at the hour~ of 7 30 p.m. in the Council Chambers ~f the City of:~ Jeffersogv lie, Indiana, and ~11 pers0~is wishing to be heard on this petition may a~tend and be so recognized. C, Richard Spencer. Jr. Clerk-Treasurer Robert A. Kelso 469 Bank Street P.O. Box 785 New Albany. IN 47151-6785 812-945-9151 Attorney for LifeSprmg STATE OF INDIANA, COUNTY OF CLARK~SS Sue ~idener , on oath says that she is book- keeper of the News & Journal and in the emplOy of the publisher o~: The Clark Counfy Journal, a weekly newspaper of general circulation printed and pub- lished in the City of Jeffersonville, Clark County, State of Indiana, and further says that the annexed advertisement was published in said paper for one time to-wit: In issue of said Clark County Journal dated .. Decembe~ ~.9, 1990 State of Indiana County of Clark Subscribed'xand sworn to before me this .day of ..... No~y Public, Clark Count, Indiana My commis~ion explre~.~. Publication Fee $... ~7. :0.0.,,