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Home My WebLink About2001-OR-12BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA 1N THE MATTER OF THE PETITION OF KIMBERLY L. CARROLL TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA Ordinance No.: ( ~l.~ ~(X:>x-C~ -['>,- ORDINANCE VACATING PART OF PUBLIC WAY HOPKINS PLACE (PLAT BOOK 9, PAGE 29 WHEREAS, onthe day of April, 2001 Kimberly L. Carroll filed her Petition with the City of Jeffersonville, Indiana, requesting the vacation of Part of a Public Street; WHEREAS, the City of Jeffersonville, after having given notice of hearing as required by law, heard evidence and being duly advised in the premises, finds that the vacation should be granted. IT IS THEREFORE ORDAINED and declared by the City of Jeffersonville, Indiana that the following described part of a public way known as Hopkins Place as located in Clark County, Indiana, and more particularly described as follows to-wit: Being a part of Hopkins Place as shown in Plat Book 9, Page 29 of the Clark County, Indiana Records and being further described as follows: Beginning at the northern intersection of said Hopkins Place and Hopkins Lane; Thence S.40°E., along the Right-of-Way line of said Hopkins Lane, 25 feet; Thence S.50°W., 120 feet; Thence N.40°W., 25 feet to the northwest Right-of-Way line of said Hopkins Place; Thence N.50°E., 120 feet to THE PLACE OF BEGINNING. Containing 3000 square feet as shown on the attached drawing. Said Portion of Hopkins Place as described be and it is hereby vacated as a public way. The Petitioner, Kimberly L. Carroll, is the fee simple owner 0fthe public way above vacated as such portion vacated adjoins only her land and the portion of such public way vacated constitutes less than one-half of the total width of the public way (25 feet of a total width of 52 feet) and in accordance with Gorby v. McEndarfer (1963) 191 N.E.2d 786 the City of Jeffersonville reaffirms its waiver and release of any interest in the portion of the public way herein vacated to Kimberly L. Carroll and as conveyed to her by the City of Jeffersonville in Deed Drawer 32, Instrument 19965 in the Recorder's office of Clark County, Indiana. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this day ofl, ,2001. City of Jeffersonville by its City Council Presiding Officer ATTEST: Clerk-Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City ofleffersonville this day of May, 2001. Pegg~y ~ifd~- Clerk-Treasurer This Ordinance approved and signed by me this __ ~__dayof~, 001.~ BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF KIMBERLY L. CARROLL TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA NOTICE OF HEARING ON PETITION TO VACATE PUBLIC WAY IN JEFFERSONVILLE, INDIANA Notice is hereby given that Kimberly L. Carroll has filed a Petition with the Jeffersonville City Council, Jeffersonville, Indiana asking for the vacation of part of a public way called "Hopkins Place" in the Plat of Street dedication as shown in Plat Book 9, Page 29 as located in Jeff'ersonville, Clark County, State of Indiana and described as follows, to-wit: Being a part of Hopkins Place as shown in Plat Book 9, Page 29 of the Clark County, Indiana Records and being further described as follows: Beginning at the northern intersection of said Hopkins Place and Hopkins Lane; Thence S.40°E., along the Right-of-Way line of said Hopkins Lane, 25 feet; Thence S.50°W., 120 feet; Thence N.40°W., 25 feet to the northwest Right-of-Way line of said Hopkins Place; Thence N.50°E., 120 feet to THE PLACE OF BEGINNING. A public hearing will be held on May 21, 2001, at 7:00 p.m. in the multi purpose hearing room on the third floor of the City County Building at 501 E. Court Avenue, leffersonville, Indiana, at which time and place all interested persons will be heard in reference to the matters set out in said petition. David Nachand, Attorney 426 E. Court Avenue Jeffersonville, IN47130 (812) 282-1361 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA 1N THE MATTER OF THE PETITION OF KIMBERLY L. CARROLL TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA PETITION TO VACATE PUBLIC WAY Kimberly L. Carroll ("Petitioner") hereby petitions the City of Jeffersonville, Indiana, as follows: 1. That on or about March 26, 1979 a Plat of Street Dedication was filed with the Clark County Recorder's office in Plat Book 9, Page 29. 2. That within the Street Dedication Plat above described was a public way named Hopkins Place, a street 180 feet long by 52 feet wide which runs perpendicular to Hopkins Lane. 3. That the Petitioner has been the fee simple owner of lot 72 in Catherine M. Hopkins subdivision which is immediately adjacent to Hopkins Place. 4. That by Deed dated November 9, 2000, the City of Jeffersonville sold and conveyed a 120 foot long by 25 foot wide section of Hopkins Place to the Petitioner at Deed Record 32, Instrument 19965 in the Recorder's office of Clark County, Indiana. 5. That to the best knowledge of Petitioner, the portion of Hopkins Place herein sought to be vacated has never been maintained by the City of Jeffersonville nor used as a public way since the time that the Plat of Street Dedication was recorded. 6. That the portion of Hopkins Place herein sought to be vacated is the same property sold to her by the City of Jeffersonville and is located in the City of Jeffersonville, Clark County, State of Indiana and described as follows to-wit: Being a part of Hopkins Place as shown in Plat Book 9, Page 29 of the Clark County, Indiana Records and being further described as follows: Beginning at the northern intersection of said Hopkins Place and Hopkins Lane; Thence S.40°E., along the Right-of-Way line of said Hopkins Lane, 25 feet; Thence S.50°W., 120 feet; Thence N.40°W., 25 feet to the northwest Right-of-Way line of said Hopkins Place; Thence N.50°E., 120 feet to THE PLACE OF BEGINNING. Containing 3000 square feet as shown on the attached drawing. 7. That the names and addresses of all owners of land that abut the property proposed to be vacated other than Petitioner are as follows and should be notified of this Petition. Milton K. Shoemaker 501 Hopkins Lane Jeffersonville, IN 47130 City of Jeffersonville City-County Building 501 East Court Avenue Jeffersonville, iN 47130 8. That Petitioner should be the sole owner of the portion of the street sought to be vacated as such portion is the half(actually less than half) of the total width of the roadway which adjoins Petitioner's property (i.e. 25' ora total of 52'). WHEREAS, Kimberly L. Carroll hereby requests the City of Jeffersonville by its City Council, hold a heating on this Petition and that due notice of the time and place of the heating be given in accordance with Indiana Code 36-7-3-12 and specifically in the manner prescribed in Indiana Code 5-3-1 and by certified mail to each owner of land that abuts the property proposed to be vacated and that after such hearing the City of Jeffersonville vacate the public way described in this Petition. This Document Prepared by: 426 E. CSAvenue David Nac nd, Attorney Jeffersonville, IN 47130 (812) 282-1361 Supreme Court #9563-10 ~ ~(L 'HOPKINS LANE 60' R/W East corner Lot 7Z ~ "' 'l~ ( 20' BLACKTOP PAVEMENT ) ~ HOUSE 8 505 .~ d *:~ ~ ~ ~ ¢ '.~ ~ .? made ~rom ~ personal revte~ o~ ~1oo~ map number 180027 0005 C dated February 18,[983. ~ Denotes: iron pipe (fnd) ~ B~NKENBEKER & SON ~ . y RAY B. ~SCALE ~" ~ ~0' DATE 25 FEB. 8~ ~JOSNo. ~584 Proof Of Publication BECk.CITy COUNCIL DF JEFFERSONVILLE INDIANA IN THE MATI-ER OF THE PETITION OF KIMBE"RL~ .. CAR ROLL TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE CLARK COUNTY. INDIANA NOTICE OF HEARING ON PETITION TO VACATE PUBLIC WAY IN JEFFERBONVIEI~E: I N'Di~N~. Notice s nerePy glv0~[~ ~ Kir~bert~ L. Carroll has fifed a Petition w~th [ne Jeffersonville City Council, Jef- fersonville Indiana asking for the vacation of part of a Public way called "Hopkins Place' in the Plat of Street deolcat~on as ShOWn Jn Plat Book 9, Page 29 as Iocateo ~ Jeffersonvllle. Clark Count/, State of Indiana and ~fescribed as fPilows STATE OF INDIANA, COUNTY OF CLARK - SS ~]fi2-~ ~. ~l)Y~, On oath says that she is bookkeeper of The Evening News and in the employ of the publisher of: The Evening News, a daily newspaper of general circulation printed and published in the city of Jeffersonville, Clark County, Subscribed and sworn to before me this a~ ~ davof ,./~, .~TJ ,20 ... Notary Public, Clark County, Indiana (My Commission Expires) Publication Fee $ q3.L01 Hopkins Place andlIHopklns Lane! Thence S. 40~E., along the Righbof-w~~ ii~ Of said: Hopkine Lane, 25 f~et; Thence S 50° W. 120 feetdThence N', 40 ° W., 25 feet tO the north- est R~ght-of-Wa¥,,hne of sa d · > Hop~klns Place; thence N. 50° ,~ ,' E:, ~20 feet t~ f~E P~CE' OF BEG[NNING~,I A p~blic ~ea~ng wi;i be held 0n ~ay at 7~0o p~ n~he mu :pa- ' pose hearing room on the h d . ~ Ioor o he Ct~-Coun~ Build- i~g~at 501 E~CouH kv~nue Jeffers0nviile, I~d ana, at whib~ time a~lpace a inter- est~d pem0n~'w[ll be heard in reference tothe ma~ers set Out f~ Said p~ i on DaVid Nach~nd A~orney ~ ,J26E. C0ur Avenue' . .'Jeffer~0nville~ I~ 47~30 (812) 282:361 STATE OF INDIANA COUNTY OF CLARK # ( ~ ) time (s) to-wit: In issue of said Evening News dated: J0d)t~l fl_t ,20DI. '"' (x) Plat Book 9. r'age 29 of the ~a ~b~n~C'~rk"C°~"Yfurth~,"di~nad.,o>.d~e°'d~a,, State of Indiana, and further says that the annexed f611b~vs: ~ :~, ~og,nh.g,~ ,ti~ advertisement was published in said paper for n6;il~orn i'nt~rsection of said