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Home My WebLink About2004-OR-47ORDINANCE NO. 2004-OR-47 ORDINANCE GRANTING PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE WHEREAS, on July 26, 2004, Mark W. Beville (the "Owner") filed his Petition to Vacate a Portion of a Public Way in the City of Jeffersonville, which public way is described in Exhibits "A" and "B' attached hereto and incorporated herein by reference (the "Property"), 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 Friday, July 30, 2004; 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 property; and WHEREAS, on August 16, 2004 the Council held a public hearing on the City's Petition and made the following findings: o The best uSe of the prqperty would be to vacate it, as it is not needed or used for ingress or egress for any purpose. e The City retains the right to the existing property for the installation, maintenance and construction of storm sewers. The owner cannot build_ upon the storm sewer. 3. The vacation of the property as described herein would not injure the public health, Safety, welfare or morals of the community. , It would be in the best interest of the City Council to grant the City's Petition to vacate the property. 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" and "B" 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_~_Lcv day of ~)~~, 2004. Robert L. Waiz, Jr. Presiding Officer ATTEST: Peggy Wilder Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville, Indianathis (~. dayof~_~4at o'clock .m. PeggY~de~ Clerk-Treasurer This Ordinance approved and signed by me this 2004 at o'clock .m. day of Robert L. Waiz Jr., Mayor 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 Mark Beville, the owner ("Owner") of an unimproved section of 410 William Street and 415 William Street bounded by Block 8, Lots 17-20 and Block 12, Lots 21-24 being situated in Jeffersonville, Clark County, Indiana and further described in Exhibits "A", and "B" attached hereto and made a part hereof (the "property"), respectfully petition the Common Council of the City of JefferSonville (hereinafter the "City"), to vacate an unimproved section of William Street described in Exhibits "A", and "B". In support of this petition, the City states as follows' 1. The names and addresses of all owners of land abutting the property are: The Hanka Family Partnership, 502 Kopp Lane, Clarksville, Indiana 47129. Ms. Mary Wright, 413 William Street, Jeffersonville, IN 47130. Ms. Sharon L. Tilley, 406 William Street, Jeffersonville, IN 47130. 2. The City retains a ten-foot utility easement to the property for the installation, maintenance and construction of storm sewers. The owner cannot build upon the storm sewer. o The vacation of the property as described herein would not injure the public health, safety, or morals of the community. . It would be in the best interest of the City of Jeffersonville to gram the petition set forth above. WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12, that the C~ty of Jeffersonville vacate the property as described above and illustrated in Exhibits "A" and "B". PETITION FOR VACATION ORDINANCE NO.~_ GENE~L LOCATION OF THE PROPERTY TO BE VACATED: DEAD END UNIMPROVED SECTION OF WILLIAM ST .... JEFFERSONVILLE IN TYPE OF VACATION' (check all that apply) Street R/W X . Easement Alley R/W__ Covenants Platted Lots Subterranean . Building setback lines)[ Air . NAME OF PETITIONER(S)' NAME OF ~OWNER(S)' .MARK W. BEVILLE 420 WILLIAM STREET JEFFERSONVILLE, IN 47130 812-282-6384 Is (are) the petitioner(s) the owner(s)of one hundred percent (100%) Of the area involved in thc petition? x yes* SEE ATTACHED PUR~E AGREEMENT & DEED List of names, addresses, and consent (if possible) of all owners abutting the property to be vamted must be attached. Plat or RJW affected' Boneberger Oaks Subdivision, William Street, Jeffersonville IN Name and address of person who prepared the plat or legal description: Blankenbeker & Son Surveyors ts the subject property within an lnco~ted City or Town X yes no Will the vacation result in any area being without direct access to A public street or right-of-way (applies to street & alley vacations only)? __ yes ..__X___.no Has the subject property been acquired by or been improved by any Governmental agency or used by thc public? _._._..yes X no Describe thc existing usc of the subject property: unimproved section 9f. William Stre~ .dead end Describe the ~isting improvements installations and structures on the subject property currently: none Reason for Vacation: Combine propecty o. wned by common owner ~SEE ATTACHED PURCHASE AGREEMENT & DEED Proposed Use: Residential nsage Describe thc public interest or benefit that will result from the vacation: .vacate unu..sed~ unimproved poc'ti_gn Of William Street for.owner expansion Describe the effect upon the Comprehensive Plan and adj~ uses: None Should the vacation be without assessment ofbcncfits or award ofdamages? X .yes' __no Why? U_~nused, unimproved section of Right of Way at deadend If thc vacation is approved, which appraiser will you choose to appraise the property (applies to street R/W, Alley R/W, air and subterranean rights only). Choose one frOm attached list..Not applicable The above information, to my knowledge and belief, is true and correct. Mark W. Bevillc Signature(s) of Petitioner(s) STATE OF INDIANA COUNTY O1: CI.ARK Subscribe and s,.vorn to bctbrc me this da.,.' of ,2003 Mark W. Bevilte X Steven R. Kempf X Signature(s) of Owner(s) (if different than petitioner) STATE OF INDIANA COUNTY OF CLARK Subscribe and sworn to before me this da>' of ,2'003 Notary Public signature Notary Public signature l'rintcd Name ol'Notar3 Public M) C{~mmission expires: My ('ounty of rcsidcncc'_ · OD HTS. ,n?o~ .i 21" M.P.#7 PLEOA'~E SPRING ST. UFT GROUND WATER :: GAUGE. .. CoOo Deep Deep L 0 .Lat. )eep an. Lat. Gravel 1 ' ~ BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF MARK W. BEVILLE TO VACATE AN UNIMPROVED SECTION OF 410 WILLIAM STREET AND 415 WILLIAM STREET BOUNDED BY BLOCK 8, LOTS 17-20 AND BLOCK 12, LOTS 21-24 IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA NOTICE OF HEARING ON PETITION TO VACATE AN UNIMPROVED SECTION OF 410 WII~LIAM~STREET'AND 415 WILLIAM sTREET IN jEFFERSONVILLE" INDiANA Notice is hereby given .that Mark W. Beville has filed a Petition with the Jeffersonville City Council, Jeffersonville, Indiana asking for the vacation of part of an unimproved section~°f 410 William Street and 415 William Street bounded by Block 8, Lots 17-20 and Block 12, Lots 21,24 that is located in Jeffersonville, Clark County, Indiana. A public hearing will be held on August 16, 2004 at 7:30 p.m. in the multi- purpose hearing room on the third floor of the City-County 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. Leslie D. Merkley City Attorney 4th Floor, City-CountY Building 501 E. Court Avenue Jeffersonville, IN 47130 (812) 285-6491