HomeMy WebLinkAbout2004-OR-03ORDINANCE NO. 04-OR- 3
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY
IN TIlE CITY OF JEFFERSONVILLE
WIIEREAS, on the 19m day of December, 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"),
w/th the Jeffersonville Common council (the "Council"), which petition reads as follows: Here insc~rt
PETITION TO VACATE PUBLIC WAY IN TIlE CITY OF JEFFERSONVILLE; and
- WHEREAS, notice of a public hearing on The Board of Trustees of Clark Memorial
on the 7th day of
Hospital s Pet~t~o to Vacate the Alley was published in the Evening News
January, 2004. (See Publisher's Affidavit attached hereto as Exhihit B ), and
WHEREAS, that notice of a public hearing on The Board of Trustees of Clark Memorial
Hospital's Petition to Vacate was mailed by certified mail to the following adjacent property owners,
who own the real estate to the north east of the public way:
George W. Seanor, Gerald P. Gulling, and Richard L. Farmer
d/b/a Claysburg II Towers, an Ohio limited partnership
11711 North Meridian Street, Ste. 582
Carmel Indiana 46032
and
- WIIEREAS, on the 2~d day of February, 2004, the Council held a public hearing on The
Board of Trustees of Clark Memorial Hospital's Petition and made the following findings:
1. The best use of the alleys would be to vacate them.
2. The vacation of the alleys 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 of Jeffersonville to grant The Board of
Trustees of Clark Memorial Hospital's Petition to Vacate the Alley.
NOW, TIIEREFORE, IT IS IlEREBY 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~
,2004. .-
Presiding Officer
Attest:
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville, Indiana this
~_~ _ day of ,r~O,~f'X~ 2004 at. ~.,' o'clock.¢ .m.
Feggy
Clerk-Treasurer
ThisOrdinanceapprovedandsignedbymethis_ C~'~1~'~ ~~
2004 at
//,'t"~_o'clock /~, _.m.
kobert%V mz,/Mayor
EXHIBIT A
That part of a 20-foot alley situated in Block Number 148 in the
City of Jeffersonville, Indiana being further described as follows:
Beginning at a raikoad spike marking the intersection of the north
right-of-way line of Fourteenth Street and the western right-of-way
hne of a 20-foot wide alley situated in Block Number 148, in the
City of Jeffersonvitle; thence along said western right-of-way line,
North 25 degrees 24 minutes 36 seconds West, 75.43 feet to a
steel pin marking the north corner of the land formerly conveyed
to Huffmon (Deed Drawer 15, Instrument 9526); thence leaving
said right-of-way line, North 64 degrees 35 minutes 24 seconds
East, 10.00 feet to the centerline ora 20-foot wide alley; thence
along said centerline, South 25 degrees 24 minutes 36 seconds
East, 74.41 feet to the north right-of-way line of Fourteenth Street;
thence along said north right-of-way line, South 58 degrees 45
minutes 52 seconds West, 10.05 feet to the True Point of Beginning.
Also,
That part of a 20-foot alley situated in Block Number 148 in the
City of Jeffersonville, Indiana being further described as follows:
Beginning at an iron pipe marking the intersection of the north
fight-of-way line of Fourteenth Street and the eastern right-of-way
line ora 20-foot wide alley situated in Block Number 148, in the
City of Jeffersonville; thence along the northern right-of-way line
of Fourteenth Street, South 58 degrees 45 minutes 52 seconds
West, 10.05 feet to the centerline of said alley; thence alon~ said
centerline, North 25 degrees 24 minutes 36 seconds West, 74.41 feet;
thence leaving said centerline, North 64 degrees 35 minutes 24 seconds
East, 10.00 feet to the eastern fight-of-way line of said 20-foot wide
alley; thence along said eastern right-of-way line, South 25 degrees
24 minutes 36 seconds East, 73.39 feet to the True Point of
Beginning.
(See also the attached display drawing by Jacobi, Toombs & Lanz, Inc.)
Proof
Of
Publication
STATE OF INDIANA
COUNTY OF CLARK - SS
· ~c¢_z._co. [T~¢-~ On oath says that she is
bookkeeper of the Evening News and in the employ
,of the publisher of
daily newspaper of general circulation printed and
)ublished in the city of Jeffersonville, Clark County,.
of Indiana, and further-says that the annexed
~dvertisement was published in said paper for
( I ) time(s) to-wit: In issue of said Evening News
-~& . ,
t
STATE OF INDIANA
COUNTY OF CLARK
Subscribe¢ and sworn to before me this
' ~ day o~.-~'.z~ .~.~ ,20 (~.
Notary Public, Clark COunty, Indiana
(My Commission Expires)
Publication ,
Fees
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSON. VILLE, 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 a portion of twenty (20)
foot wide alley, located in the City of Jeffersonville, State of Indiana and described as follows:
That part of a 20-foot alley situated in Block Number 148 in the
City of Jeffersonville, Indiana being further described as follows:
Be~nning at a raikoad spike marking the intersection of the north
right-of-way line of Fourteenth Street and the western right-of-way
line of a 20-foot wide alley situated in Block Number 148, in the
City of Jeffersonvilte; thence along said western right-of-way line,
North 25 degrees 24 minutes 36 seconds West, 75.43 feet to a
steel pin marking the north comer of the land formerly conveyed
to Huffmon (Deed Drawer 15, Instrument 9526); thence leaving
said right-of-way line, North 64 degrees 35 minutes 24 seconds
East, 10.00 feet to the centerline ora 20-foot wide alley; thence
along said centerline, South 25 degrees 24 minutes 36 seconds
East, 74.41 feet to the north right-of-way line of Fourteenth Street;
thence along said north right-of-way line, South 58 degrees 45
minutes 52 seconds West, 10.05 feet to the Tree Point of Begirming.
Also,
That part ora 20-foot alley situated in Block Number 148 in the
City of Jeffersonville, Indiana being further described as follows:
Beginning at an iron pipe marking the intersection of the north
right-of-way line of Fourteenth Street and the eastern right-of-way
line of a 20-foot wide alley situated in Block Number 148, in the
City of Jeffersonville; thence along the northern right-of-way line
of Fourteenth Street, South 58 degrees 45 minutes 52 seconds
West, 10.05 feet to the cemerline of said alley; thence along said
centerline, North 25 degrees 24 minutes 36 seconds West. 74.41 feet;
thence leaving said centerline, North 64 degrees 35 minutes 24 seconds
East, 10.00 feet to the eastern right-of-way hne of said 20-foot wide
alley; thence along said eastern right-of-way line, South 25 degrees
24 minutes 36 seconds East, 73.39 feet to the Tree Point of
Beginning.
A public hearing will be held on the ~x~i dayof ~J~ 20
at 7:30 p.m. in the multi purpose hearing room on the third floor of the City C'onnty 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.
Attorney for Petitioner: 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
Peggy Wilder
Clerk-Treasurer