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HomeMy WebLinkAbout2003-OR-38ORDINANCE NO. 2003-OR-38 ORDINANCE GRANTING PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE WHEREAS, on"~_tr~ lt~ ,2003, the City of Jeffersonville, on behalf of Phyllis Croce and Jorm Frey (the "Owners") filed their Petition to Vacate a Portion of a Public Way in the City of Jeffersonville, which public way is described in Exhibits "A", "B' and "C" attached hereto and incorporated herein by reference (the "Alley"), with the Jeffersonville Common Council (the "Council"), which petition reads as follows: PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE; and WHEREAS, notice of a public hearing on the City's Petition to Vacate the Alley was published in the Evening News on Monday, October 27, 2003; and WHEREAS, notice of a public hearing on the City's Petition to Vacate was mailed[ by certified mail to each owner of land that abuts the Alley; and WHEREAS, on November 10, 2003 the Council held a public heating on the City's Petition and made the following findings: 1. The best use of the alley would be to vacate it, as it is not needed or used for ingress or egress for any purpose. 2. The vacation of the alley 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 City's Petition to Vacate the Alley. NOW, THEREFORE, IT IS HEREBY ORDAINED, pursuant to the provisions of I.C. 36-7-3-12, that the public way described in Exhibits "A", "B" and "C" attached hereto and incorporated herein by reference is 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 November 2003. Presider ~ Galligan~f~ ATTEST: Peg~f V~h](e.} Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonvitle, Indiana this ~ day of November 2003 at \ o'clock~__.m. P egg~Wfl~r.) Clerk-Treasurer This Ordinance approved and signed by me this o'clock ~t~.m. day of November 2003 at I '19'602 SQ. Fl' .5.,.~' L, , c~ ' "~ ~ I COMPUTER NO. , 82.64' 49.68 - 0 4 0 8~ ) NLEGENDN ~ DENOTES IRON PIPE FOUND PER A SURVEY BY CHET STEMLER iN JULY 1956 OR A SURVEY BY TI-tiS COMPANY IN MAY 1988. -~ DENOTES 5/8"x24" STEEL PIN W/TH CAP SET ---×- DENOTES 4' WOOD PICKET FENCE J SURVEY AND DRAWING OF PART Of- LOTS 6 & 7 IN THE CITY OF JEFFERSONVILLE, CLARK COUN,~% INDIANA AND BEING SITU47ED AT 328 WLC~ RIVERSIDE DRIVE. rile PROPERLY :;flOWN IS LOCAl'ED IN FLOOD ZONE A 20 ACCORDING TO FLOOD MAP NUMBER 180027 0005 D, DATED JULY 16, 19,90. Notes: (1) Ulle exominah'on mo)' reveal other easements and/or Rights of ways not shown hereon. Floodways, wcUands, environmental issues, zoning regulations, and other items , which may encumber this property were not included in the scope of this survey. (2) Ali manureD,al'; shown nre within 0.~ feet of flush w/th the surface of the :':' < Jt~.:. ,,., , ' ;~ 1o t.. Z,% ,ff'~knowledge inforrnohon. ('~ ~ OIFN~'~%" PHYLLIS CROCE &: JOBN H. FREY .]28 W. RIVERSIDE DRIVE JEFFERSONVlZ LE IN. 471.]0 t-'AG£ I Of 2 ' I ';': DA?~:' 19 SEPTEMBER 2003 JU// Va 1724,~ ~,.,,,,,,,, T In accordance with Title 865, Article I.I, Chapter 12, Sec'ions I through 54 of the Indiana Adminlstrotive code, the following observations and o[ inions are submilted regarding thc various uncertoinUes in the locations of the lines oqd corners established on thls survey as o result of: A. Variances in tl~e reference monumentS; B. Discrepancies in record descriptions and plain; C InconSistencies in lines of occupoUon on?; . ~ · s in measurement (theorebc. ol Uncertainty D. Random error, . -.~,~ ,~rrors n meosuremen ) of lhe corners of the The theoretical uncertoinlY (due [o ro.u,~,,, ~ for o Class B Survey (0.25 subject tract established this survey is within the specifications feet) as defined in lAC 865. This is o retroctrnnet sorvey. Three iron pipes were fo nd and used with curb lines and deed dimensions to re-establish the missing corners ~ this tract. As a result of this cbovc observations, ti is rtl/ opinion that the ambiguities in the locations of lines and cornet ~ established on this survey are os follows: Due to variances in reference monuments: 0.2' Duc Ia discrepancies in t3e record description: none Due lo inconsi~lencies in lines of occupation: (' to 5.7' due to the fences shown. PHYLLIS .CROCE & JOHN H. FREY 528 W. RIVERSIDE DRIVE JEFFERSONVILLE IN. 471~0 i',tDE 2 (?t' 2 WAR;UINTY DEED %'HJS INDENTURE WITNESSETIt, Tha~_ ,Si'4\NEv, husba.d and wife. of Clark County, CONVEY ArID WAR~Ik~T TO WILLJ'Pd, I CARRIGO aud PRISCILLA W. CARRICO, husband aud wife. of Clark County, Indiana, for and in coosideraticn of ~he sum of ONE DOLOR ($l.0(~ and other good and valuable considerations, the receipt wbereo;[ is hereby acknowledged, the following described real estate situate in the County of Clark and State of Indiana, to-wit: PARCEL NO. 1. Yn the City of -feffersonville and kno;~ ~)[j;_.y ~_'~ -:~ , on the ma) of said cit, a [:{.):< f'i" ,,.,.'3/.. ~-~.,, ...... : ..... ...,l.,~,~t?-,/..,q ~c a slake on Clark ..... ' ........ ~..,~,.c/ (me kJ~) reec st:-: (6) l. nches south of the n-rkhwest corner oE said L~>~ i4umber Six (6), thence .' '~ :. 7: z.n Ckark Street sou~hwardL7 thirty (30) feet and nine " (9) kncbes ko a suake; thence ¢i~ right angles eastwardly ~l/ j, , ~e~'qnt~jeight (78) feet to a private alley, thence wi- eight (78) feet to Clark Streez.~he place of beginning; PARCEL NO, 2. Pact I,ot Six (65 in ~:he ('itv oF Jeffer- aFor.', tr.'r: line .)f Lot Six (6) t,~., ,,. . , one au,~ .'. od :~ine" en ~ teet uorth FOF::; o1: southwest corner* of Lot Six .'o1; thence continuing uor~hwardly on the west line of Loc Six (6), twenty (20) feet t" J }1 lB ~,8'i] to a stake; thence at right angles eastwardly eighty-three z.' (83) feet seven and one-half (7 i/2) inches, more or less to i(.. : .... a poiut five (5) feet four and one-half (4 1/2) inches west- ,5.$.' '}'~ ..... wacdly from ti~e east line of Lot Six (6); thence at right angles southwardly twenty (20) feet to a stake: thence at ur,':" , right angles westwardly eighty-three (83) feet seven and one-half (7 i/2) inches more or ;ess to the place of beginning: GLEN S~AN~Y and DELILAII J. fnd iana, P,\RCEL ,lO. 3..~ A part of Lot 6 in the City of Jeffersonville ~,described as 'ollows: Beginning at the Northwest corner of said Lot 6; thence Eastwardly 78.0 feet along ~he North line of aaid lot; thence Southerly 31.5 feet along ebe Westerly tine of a private alley; theuce west;erly 78.0 feet along a line paralle~ with ~he North 1/ne of said lot. to Ehe West line of said lot; thence qortherly 31.5 feet along said West line uo the poin~ of beginning and containiog 2,457 sqnare fee~. more or less. Subject to any and all easements and/or restrictious of public record affecting said real estate. Grantees herein assume and agree to pay the 1978 taxes due and payable in 1979, and all subsequent taxes. Grantees hereiu also assume anJ agree to pay the balance due on a certain mortgage executed November 16. 1978. hy H. Clen Swaney aud Delilai~ j. Swaney. 'in favor of Hutua[ %'rust Bank of New Albany, Indiana, securing nhe original sum of $27,500.00 and recorded on November 20, !~73, at 9:52 ~M in l'Iort[%age Drawer' i. 0 /ust.i;~13619. , EXHIBIT BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE The City of Jeffersonville, on behalf of Phyllis Croce and Jorm Frey, the owners ("Owners") of property contiguous to the ten foot wide alley commencing at Lots 6 and 7 and being situated at 328 West Riverside Drive in the City of Jeffersonville and further described in Exhibits "A", "B' and "C" attached hereto and made a part hereof (the "Alley"), respectfully petition the Common Council of the City of Jeffersonville (hereinafter the "City"), to vacate the Alley described in Exhibits "A", B, and C. In support ofthis petition, the City states as follows: 1. The names and addresses of all owners of land abutting the Alley are: Melody Carrico, 112 Clark Street, Jeffersonville, 1N 47130. 2. The best use of the Alley would be to allow it to be vacated, as it is not needed or used for ingress or egress for any purpose. 3. The vacation of the Alley as described herein would not injure the public health, safety, or morals of the community. 4. It would be in the best interest of the City of Jeffersonville to grant the petition set forth above. WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12, that the City of Jeffersonville vacate the Alley as described above and illustrated in Exhibits "A", "B" and N 82'J$' E 44' 602 SQ. FT. ~'UILDINC, AND OTHER COMPU~E~ NO. 200125164 5.38' 49. ,~8' 10' ALLEY 44' ~49.06' 60' 0 40 80 ,,.LEGEND'-' DENOTES IRON PIPE FOUND PER A SURVEY BY CHET STEMLER IN JULY 1956 OR A SURVEY BY THIS COMPANY IN MAY 1988. DENOTES 5/8"x.24" STEEL PIN ~WTH CAP SET DENOTES 4' [4/000 PICKET FENCE SURVFY AND DBAWING OF PART OF LOTS 8 & 7 IN THE CITY OF JEFFERSONVILLE, CLARK COUN;%, INDIANA AND OEINC SIT~247ED AT 528 WEST RIVERSIDE DRIVE. THE PROPERFY ~;HOWN IS LOCATED IN FLOOD ZONE A 20 ACCORDING TO FLOOD MAP NUMBER 180027 0005 D, DAT£D JULY 16. 1990. Notes: (1) Title exoml'riotion rnoy reveol other eosements ond~or Rights of woys not shown hereon. Floodway$, w,;,~,ond anvironmento! issues, zoning regulations, and other items which moy e¢~cumbcr this property were not included iD the scope of this survey. (2) A¢,' n*onum¢mt'; shown are wifhln 0.,'~ feet of flush with the surfoc~ of the -¢~ ground, urd~ss o~herw¢~ noted. ~ ~ ~t ~ t,k ~6~: ,., /- ; o tt,,~ t,,eM ,,f' ~ know/edge, informohon, c,r~l ~ PHYLLIS CROCE & JOHN H. FREY 328 W. RIVER.SIDE DRIVE JFFFERSONVlL L E hq. 4 7130 t~GE ~ OF 2 SEPTEMBER 2005 ] J()t/ ~Zo. 17240 SURVEYOR'S REPORT In accordance with Title 868, Article 1.1, Chapter 12, Sec'ions I through ,]4 of the indiana Administrative code. the following observations and opinions ere submitted regarding the various uncertainties in the Iocat~ns of lhe lines and corners established on this surve~y as a result of: t3. Discrepancies in record descriptions and plot,~; C. inconsistencies in lines of occupation and; D. Random errors in measurement (theoretical Uncertainty) The theoretical uncertainty (due to random errors in measurement) of the corners of the subject tract established this survey is within the specifications for o Class B Survey (0.25 feet) as defined in lAC 865. This is a retroctrnnet survey. Three iron pipes were fo nd and used with curb lines and deed dimensions to re-establish the missing corners ~ this tract. As a result of this above observations, it is rr[/ opinion that the ambiguities in the locations of lines and cornert established on this survey are os follows: Due to variances in reference monuments; 0.2' Due to discrepancies in ('~e record description: none Due to inconsistencies in fines of occupation: (' to 3.7' due to the fences shown. BLANKENHKKEt & SON Z~ND SURVEfORS IN~, ~ ~ TEL EI~I-/ O:VE It'll:IX Z?L..tNR~SE~ERANDSO~ COM ' ~ I NONE PHYLLIS CROCE & JOHN H. FREY 328 W. RIVERSIDE DRIVE JEFFERSONVILLE IN. 47130 f:,~GE 2 0[- 2 DA?Zl' 19 SEP) E-MBER 2003 J,lOf? A'o 17,24~j,u,~ WilLiam & Priscilla W. Carrico Key ~;o. 19-13-24 & 19-13-25 A~Jdress ':it' C10~rk 7, treat WARILA,qTY DEED THIS I,~IDENTURE WITNESSETIt, Tha,' H. GLEN SWANEY and DELILAH J. SWANEv, husband and wife, of Clark Connty. Indiana. CONVEY AFID WARRANT TO WILLD~I CARRICO and PRISCILLI W. CARRICO, husband and wife, of Clark County, Indiana, for and in consideration of the sum of ONE DOLLAR ($l.00) and other good and valuable considerations, the re~ei, pt wimreof is hereby acknowledged, the following described real estate situate in the County of Clark and State of Indiana, to-wit: PARCEL :40, 1. In the City of .:effersonville and kno~ ~..,~,~.t.._L. ond bounded as follows, beg, inninq at a stake on Clark ~)~..y _ .~. nn the map of said city as par~ of Lot Nu~nber Six (6) Fl);'.' C..l;t..k~<')~': S~ree~ thirty-one (31) feet six (6) i. nches south of the n.rLhwest corner of saLd Lot >lumSer Six (6), thence · .! :. :: on Clark Street southwardl7 thirty (30) feet and nine " (9) inches to a stake; thence at right angles eastwardly ~[ , seventy-eight (78) feet to a private alley, thence with ,J,/~O'i,.t..,~. said alley northwardly thirty i ;O) feet nine (9) inches <>'., ~r ~ '1% <c~- ,,wto a stake thence at right 8n21es westwardly sewnty- ~ ";"" ' ' .... eight (78) feet to clark Streer the place of be-innin,; FOP. PARCEl, NO. 2. Pact Lot Six (6'.' in ?be City of .!effor- s(:nvikle, beunded ~hus: .-.o ........ ~.,at a on %o,', ~.~- ~,~ ~ p~]nt thc west' line,)'=, Loc Six (6). one hun,!rc, d nipe", en ~J, 9) keel' no~n~' ~. southwest corner of Lot Six (6), ' ~, · tn~.nce continuin~ uorthwardly on the west line of Lot Six (6), twenty (20) feet to a stake; thence at right angles eastwardly eighty-three (~3) feet seven and one-half (7 1/2) inches, more or less to ~l point five (5) fee~ four and one-half (4 1/2) inches west- wardly from the east line of Lot Six (6); thence at right angles southwardly twenty (20) feet to a stake; thence at right angles westwardly eighty-three (83) feet seven and one-half (7 1/2) inches more or less, to the place of beginning; PA!ICEL NO. 3..., A part of Lot 6 in the City of Jeffersonville ~.~:r~d6~stl~nicleOW~ast--: ~'~ .gtf~ along Northwest the North corner line°f of said lot; thence Southerly 31.5 feet along the Westerly line of a private alley; thence westerly 78.0 feet along a line parallel with the North line of said hot, to the West tine nf said lnt; thence Northerly 3[.5 feet along said West line Co the ',mint of beginning an~] containing 2,4.' 57 square ~eet. more or less. Subject to auy and aL1 easements awl/er restrictions of public record affecting said real estate. Grantees herein assume and agree to pay the 1978 taxes due and payable in 1979, and all subsequent taxes. Grantees herein also assume and agree to pay the balance due on a certain mort. gage executed November 16, 1978, by H. Glen Swaney and Delilah J. Swaney, 'in favor of Mutual Trust Back of New Albany, Indiana, securing --he original sum of $27,500.00 and recorded on November 20, i~78, at 9:52 DaM in Hortgage Drawer 10 Inst.~i~13619.