HomeMy WebLinkAbout2004-OR-30ORDINANCE NO. 2004-OR- 30
AN ORDINANCE VACATING AN UNIMPROVED
PORTION OF REED'S LANE, A PUBLIC WAY
IN THE CITY OF JEFFERSONVILLE~ INDIANA
WHEREAS, petitioner. Highland Trace, LLC, an Indiana limited liability
company, has filed a petition pursuant to the provisions of IC 36-7-3-12 seeking the
vacation of a 6,316 square foot unimproved portion of Reed's Lane; a public way in the
City of Jeffersonville, Indiana, pursuant to instrument recorded in Plat Book 7, Page 74
of the Clark County, Indiana Records; and,
WHEREAS, such petitioner has further caused a notice of public hearing on such
petition before this Common Council to be (i) served by all other owners adjoining the
property proposed to be vacated, and (ii) properly published in accordance with Indiana
law; and,
WHEREAS, this Common Council having held such public heating at the date
and time as stated in such published notice; and,
WHEREAS, this Common Council now finds that the relief requested by such
petitioner should be granted.
NOW, THERFORE, BE IT ORDAINED. that the Common Council of the City of
Jeffersonville, Indiana, hereby finds all of the following:
1. The proposed vacation will not hinder the growth or orderly development
of the City of Jeffersonville, Indiana.
2. The proposed vacation will not make access to the lands of any aggrieved
person by means of public way difficult or inconvenient.
3. The proposed vacation will not hinder the public's access to a church,
school, or other public building or place.
4. The proposed vacation will not hinder the use of a public way by the
neighborhood in which it is located or to which it is contiguous.
IT IS FURTHER ORDAINED that the Common Council of the City of
Jeffersonville, Indiana, does accordingly hereby vacate the following described portion of
an unimproved public way:
Being a part of Northaven Subdivision, Unit #5. as
recorded in Plat Book 7, Page 74, as recorded in the office
of the Recorder of Clark County, Indiana, and more
particularly described as follows:
Beginning at a steel pipe in the northeast comer of Lot
#215 of said subdivision, thence with the northern line of
said lot South 55 degrees 04 minutes 00 seconds West,
50.00 feet to a set #5 re-bar, THE TRUE PLACE OF
BEGINNING of the tract to be described; Thence along the
chord of a curve to the left South 9 degrees 57 minutes 00
seconds West 35.43 feet to a #5 re-bar; Thence South 55
degrees 04 minutes 00 seconds West, 50.35 feet (plat 50.00
feet) to a #5 re-bar; Thence North 35 degrees 00 minutes 00
seconds West, 120.0 feet to a #5 re-bar; Thence North 55
degrees 04 minutes 00 seconds East, 75.10 feet to THE
TRUE PLACE OF BEGINNING, containing 6,316 square
feet.
IT IS FURTHER ORDAINED that subsequent to the vacation granted herein, the
westernmost half of the vacated area shall be owned by the adjoining property owner,
Highland Trace, LLC, and the easternmost half of the vacated area shall be owned by the
adjoining property owners, Richard P. Howard and Robin L. Howard.
IT IS FURTHER ORDAINED that this vacation shall not deprive any public
utility of the use of all or part of the easements hereby vacated to the extent that any such
public utility was occupying all or part of such easements at the time that the petition for
vacation was filed.
This Ordinance was proposed, promulgated, and adopted this,~/.~O"-'day of
'~0 ~r~ ,2004, and shall be of full force and effecl as of the
date of its passage. The Clerk-Treasurer is directed to furnish a copy of this ordinance to
the Clark County Recorder for recording, and to the Clark County Auditor.
COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, INDIANA
~itI.L? .~: McCAULEY, II,'~[
President, Jeffersonville City Council
Attest:
Peggy Wilder, Clerk-Treasurer
Page 2 of 3
CERTIFICATE OF PRESENTATION TO MAYOR
The undersigned hereby cei'tifies that the Ordinance set forth hereinabove was
presented by me as the duly elected Jeffersonville Clerk-Treasurer ro the Mayor of the
City of Jeffersonville this ~ day of ~ ~ ,2004.
Peggy Wq~ld~r-, Clerk-Treasurer
APPROVAL BY MAYOR
The Ordinance set forth hereinabove was accepted and approved by me as Mayor
of the City of Jeffersonville, Indiana, this OQ~ day of~.__~~
2004.
ROB ~f'A~Z, M4{yor,
City of Jeffersonville, Indiana
Attest: %~t~) ~'x4 xt ~ ~
Peggy~W~, Clerk-Treasurer
Page 3 of 3
NOTICE OF PUBLIC HEARING ON
PETITION TO VACATE A PUBLIC WAY
Notice is hereby given that petitioner, Highland Trace, LLC, an Indiana limited
liability company, has filed a petition before the Common Council of the City of
Jeffersonville, Indiana, pursuant to the provisions of IC 36-7-3-12, to vacate a 6,316-
square foot unimproved portion of Reed's Lane, a public way in the City of
Jeffersonville, Indiana, pursuant to instrument recorded at Plat Book 7, Page 74, of the
Clark County, Indiana Records, and which area is more specifically described as follows:
Being a part of Northaven Subdivision, Unit #5, as
recorded in Plat Book 7, Page 74, as recorded in the office
of the Recorder of Clark County, Indiana, and more
particularly described as follows:
Beginning at a steel pipe in the northeast corner of Lot
#215 of said subdivision, thence with the northern line of
said lot South 55 degrees 04 minutes 00 seconds West,
50.00 feet to a set #5 re-bar, THE TRUE PLACE OF
BEGINNING of the tract to be described; Thence along the
chord of a curve to the lef~ South 9 degrees 57 minutes 00
seconds West 35.43 feet to a #5 re-bar; Thence South 55
degrees 04 minutes 00 seconds West, 50.35 feet (plat 50.00
feet) to a #5 re-bar; Thence North 35 degrees 00 minutes 00
seconds West, 120.0 feet to a #5 re-bar; Thence North 55
degrees 04 minutes 00 seconds East, 75.10 feet to THE
TRUE PLACE OF BEGINNING, containing 6,316 square
feet. ~
The petition is on file in the office of the Clerk-Treasurer of the City of Jeffersonville,
Indiana, and may be examined during regular business hours.
Notice is further hereby given that a public hearing will be held on the above-
described petition at the regular meeting of the Common Council of the City of
Jeffersonvilte, Indiana, scheduled for June 7, 2004, at 7:30 p.m., and such hearing shall
be held in Room 308 of the City-County Building, 501 East Court Avenue, Jeffersonville,
Indiana. Remonstrances or objections to the proposed vacation shall be heard at such
hearing as provided in IC 36-7-3-13. The Common Council may continue the public
hearing from time-to-time as deemed necessary, and may adopt the proposed vacation by
ordinance or reject the proposed vacation following the conclusion of such hearing.
So noticed this
day of May, 2004.
Peggy Wilder,
Jeffersonville Clerk-Treasurer
C. Gregory Filer, #8121-98
YOUNG, LIND, ENDRES & KRAFT
126 W. Spring Street
New Albany, 1N 47150
(812) 945-2555
Attorney for Petitioner
2
STATE OF INDIANA
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
iN RE THE PETITION TO VACATE
A 6,316 S.F. PORTION OF REED'S
LANE, A PUBLIC WAY iN THE
CITY OF JEFFERSONVILLE, INDIANA,
PURSUANT TO INSTRUMENT
RECORDED AT PLAT BOOK 7,
PAGE 74, IN THE CLARK COUNTY,
INDIANA RECORDS.
HIGHLAND TRACE, LLC, an Indiana limited
liability company,
Petitioner.
PETITION TO VACATE A PART OF A PUBLIC WAY
Petitioner, Highland Trace, LLC, for its petition states as follows:
1. Petitioner, Highland Trace, LLC, is an Indiana limited liability company
that owns certain real property in the City of Jeffersonville, Clark County, Indiana, that is
contiguous to the public way described herein.
2. Pursuant to the provisions of Indiana Code 36-7-3-12, Petitioner seeks the
vacation of the 6,316 square foot unimproved portion of Reed's Lane, a public way
pursuant to instrument platted at Plat Book 7, Page 74, of the Clark County, Indiana
Records, which area is shown as the cross-hatched section on the drawing attached hereto
as Exhibit "A", and which area is more specifically described as follows:
Being a part of Northaven Subdivision, Unit #5, as
recorded in Plat Book 7, Page 74, as recorded in the office
of the Recorder of Clark County, Indiana, and more
particularly described as follows:
Beginning at a steel pipe in the northeast comer of Lot
#215 of said subdivision, thence with the northern line of
said lot South 55 de~:ees 04 minutes 00 seconds West,
50.00 feet to a set #5 re-bar, THE TRUE PLACE OF
BEGINNING of the tract to be described; Thence along the
chord of a curve to the left South 9 degrees 57 minutes 00
seconds West 35.43 feet to a #5 re-bar; Thence South 55
degrees 04 minutes 00 seconds West, 50.35 feet (plat 50.00
feet) to a #5 re-bar; Thence North 35 degrees 00 minutes 00
seconds West, 120.0 feet to a #5 re-bar; Thence North 55
degrees 04 minutes 00 seconds East, 75.10 feet to THE
TRUE PLACE OF BEGINNING, containing 6,316 square
feet.
3. Pursuant to the provisions of Indiana Code 36-7-3-12, Petitioner seeks the
vacation of the above-described portion of the platted public way.
Petitioner and:
AZ85374.
The owners of all land that abut the area proposed to be vacated are
a. Russell P. Hughes Trust, 17690 N. Saddle Ridge Drive, Surprise,
b. Ricky L. Romans, II, 901 Camelot Court, Jeffersonville, IN 47130.
c. Richard P. Howard and Robin L. Howard, 1225 Reeds Lane,
Jeffersonville, IN 47130.
5. Petitioner seeks such vacation on grounds that the area proposed to be
vacated has never been improved as a public street, and no utilities or signs have been
located within such area by any utility service provider to date.
6. Petitioner has caused notice of the filing of this petition and the scheduled
hearing thereon to be published in The Evening News, a newspaper of general circulation
in Clark County, Indiana, one (1) time at least ten (10) days before the scheduled date of
such hearing as required by IC 5-3-1-2(b).
7. Petitioner asks that the proposed vacation be granted by ordinance of this
Common Council, and that such ordinance provide that subsequent to such vacation to
2
Petitioner, as the owner of property contiguous to the existing westem property line of
the vacated area, shall be deemed to own the westernmost half of the vacated property,
and Richard P. Howard and Robin L. Howard, as the owners of property contiguous to
the existing eastern property line of the area to be vacated area, shall be deemed to own
the easternmost half of the vacated property.
WHEREFORE, petitioner, Highland Trace, LLC, respectfully asks that the
Common Council of the City of Jeffersonville, Indiana, conduct a public hearing on this
petition, and that following such petition enact and adopt the ordinance vacating the
specified portion of the unimproved public way as requested herein.
C. Gr eg~-?8
YOUNG, LIND, EtNDRES & KRAFT
126 W. Spring Street
New Albany, IN 47150
(812) 945-2555
Attorney for Petitioner
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the ~ZTv day of May, 2004, a
copy of the foregoing petition, together with the notice of public hearing thereon, was
served by certified U.S. mail, return receipt requested, postage prepaid, on Russell P.
Hughes Trust, 17690 N. Saddle Ridge Drive, Surprise, AZ 85374; Ricky L. Romans, II,
901 Camelot Court, Jeffersonville, IN 47130; and, Richard P. Howard and Robin L.
Howard, 1225 Reeds Lane, Jeffersonville, IN 47130.~~~)f '~
C. Gre~ory~l~fer ~/
/
3
EXHIBIT A
Proof
Of
Publication
mu rICB OF PUBLIC
HEARING ON PETITION
TO ~ACATE A PUBLIC
WAY *
Notice is hereby given that
3-12, to vacate a 6,316-
square foot unimproved
portion of Reed's Lane, a
public way in the
Jeffersonville, Indiana
suant to Instrument
' ed a P at, Book 7 Page 74~
, of the Clark County, indiana:
Records, and which are
more specifically described ,'
as follows: Being a part of
Northaven SuhdNisii)n, 'Unit,
#5, as recorded in Plat
Bo~k 7, Page 74, as re.
corded in the office of the I
Recorder 'of Crark County,
rndiana, and more particu- '
lariy described as fo ows
Beginning at a steel pipe in
the northeast comer of lot
#215 of Said subdivision,
thence with the northern
line of said lot South 55 de-
grees 04 minutes 00 s
ends West, 50.00 f~et m a
set #5 rebar, THE TRUE,
PLACE OF BEGINNING of
.the tract to be desedbe~;
.Thence along the chord of
a curve to the Itt South 9
degrees 57 minu es 00 sec-
ends West 35,43 feet to a
#5 rebar; thence South 55
degrees 04 minutes 00 sec-
ends West, 50.25 feet (plat
50.00 feet to a #5 rehar,
hence North 35 degrees 00
STATE OF INDIANA
COUNTY OF CLARK - SS
~,~¢c~o, ~~~ On oath says that she is
bookkeeper of lite Evening News and In Ihe eml)loy
of lhe publisher of
a daily newspaper of general circulation printed and
published in the city of Jeffersonville, Clark County,
State of Indiana, and further says that the annexed
advertisement was published in said paper for
~¢ ( ~ ) time(s) t;:)-wit..;.In issue of'said Evening News
dated: l~ ~ [~' , 20~. ,
STATE OF INDIANA
COUNTY OF CLARK
Subscribed and sworn to belore me this
¢ day el, .~/~.-~. ,20¢/"/
(x) k_¢~_~ ~ ~,
Notary Public, Clark County, Indiana
(My.._.C,,ommission Expires)
Publication _ /
Fee $
Proof
Of
Publication
r~u rICE OF PUBLIC
HEARING ON PETmON
TO VACATE A PUBLIC
WAY
square foot unimproved
portion of Reed's Lane, a
public way in the City of
Jeffersonville; Indiana, pur-
suant to instrument record-
' ed at Plat Book 7; P~ge 74
, of the Clark County, ~diana
Records, and which are
more specJfically deschbed
as follows: Being a part of i
N0rthaven Subd v s on, Unit,
Recorder of Clerk County, i
STATE OF INDIANA
COUNTY OF CLARK - SS
o, t~~ ~ On oath says that she is
bookkeeper of the Evening News and In Ihe eml)loy
of the publisher of
a daily newspaper of general circulation printed and
published in the city of Jeffersonville, Clark County,
State of Indiana, and further says that the annexed
advertisement was published in said paper for
It ( ~ ) time(s) t~-wit: In issue of said Eveninn New-
dated: , ~ [~' _, 20~. ~ ~
STATE OF INDIANA
COUNTY OF CLARK
Subscribed and sworn to before me this
Nota~ Public, Clark Counly, Indiana
(My~Commission Expires) ,
Publication_
Fee $