HomeMy WebLinkAbout2007-OR-66
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STATE OF INDIANA
COUNTY OF CLARK
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
IN RE THE PETITION TO V ACA TE )
PORTION OF EASEMENT ON )
LOTS # 146 and #147 IN ROLLING )
RIDGE SUBDIVISION, SECTION 2 )
IN THE CITY OF JEFFERSONVILLE, )
CLARK COUNTY, INDIANA, )
)
BILDM, LLC; )
Petitioner. )
ORDINANCE GRANTING PETITION TO VACATE
PORTION OF DRAINAGR AND DRTRNTION RASIN RASRMRNT
Comes now BILDM, LLC, an Indiana limited liability company, hereinafter collectively
referred to as the "Owner," and the Owner having heretofore filed a Petition to Vacate Portion of
Drainage and Detention Basin Easement, and notice of said petition and the time and place of the
hearing on the same having been given by the Petitioner, pursuant to the provisions ofLC. 5-3-1, and
the Common Council ofthe City of Jeffersonville, Indiana ("Common Council") having examined and
heard evidence on said petition and being duly advised in the premises now finds that said petition
should be granted.
IT IS THEREFORE ORDAINED by the Common Council that the portion ofthe drainage and
detention basin easement located in the Rolling Ridge Subdivision, Section 2, Clark County, Indiana,
and more particularly described in Fxnihit "A" and shown in Fxnihit "R" attached to and made a part
of this ordinance, shall be and is hereby vacated by the Common Council and that the fee simple title
to that portion of the real property subject to the drainage and detention basin easement described in
Exhibit "A" shall vest in Owner free and clear of said easement.
SO ORDERED this
day of
,2007.
CITY OF
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RONALD T. GROOMS:Member
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STATE OF INDIANA
COUNTY OF CLARK
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
IN RE THE PETITON TO V ACA TE )
PORTION OF DRAINAGE AND )
DETENTION BASIN EASEMENT )
ON LOTS # 146 and #147 IN ROLLING )
RIDGE SUBDIVISION, SECTION 2, )
IN THE CITY OF JEFFERSONVILLE, )
CLARK COUNTY, INDIANA, )
)
BILDM, LLC; )
Petitioner. )
NOTICE OF PUBLIC HEARING TO CONSIDER
PRTITION TO V ACA TR RASRMRNT
NOTICE is hereby given that BILDM, LLC ("Owner"), has filed with the Common Council of
the City of Jeffersonville a Petition to Vacate a Portion of Drainage and Detention Basin Easement in
connection with the drainage and detention basin easement situated on Lots One Hundred Forty Six
(146) and One Hundred Forty Seven (147) in Rolling Ridge Subdivision, Section 2, as shown in Plat
Book 19, Page 149 of the Clark County, Indiana records (the "Property"). Owner desires to vacate
that portion of said easement beginning from a point on the common lot line between Lots 148 and
147 and continuing across the Property in a northwardly direction to a point in Lot 146.
A public hearing will be held on
, 2007, at 4:00 p.m in the Multi-
Purpose Hearing Room on the Third Floor of the City-County Building at 501 East Court Avenue,
Jeffersonville, Indiana, at which time and place all interested persons will be heard in reference to
matters set out in said petition.
r
Such notice given and posted the _ day of
,2007.
W.
Barbara Bratcher Haas, Clark County Auditor
This notice prepared by:
Alan M. Applegate
APPLEGATE & FIFER
Attorney for Petitioner
P. O. Box 1418, Jeffersonville, IN 47131-1418
(812) 284-9499
EXHIBIT "A"
Vacation of Portion of Easement, Lot #146, Rolling Ridge Subdivision, Section 2
Commencing at the common lot corner of Lots # 146 and # 147 of the
above referenced subdivision, thence with the common lot line between
said lots North 47031' 48" West 55.75 feet, this being the point of
beginning, thence North 36002' 29" East 82.94 feet, thence South 400
51' 56" West 82.45 feet, thence South 47031' 48" East 6.98 feet to the
point of beginning.
Vacation of Portion of Easement, Lot #147, Rolling Ridge Subdivision, Section 2
Commencing at the common front lot corner of Lots # 147 and # 146,
thence with the common lot line North 47031' 48" West 55.75 feet,
this being the point of beginning, thence South 360 02' 29" West
90.13 feet, thence South 890 21' 15" West 5.16 feet, thence North 340
22' 23' East 94.04 feet, thence with the common lot line between Lots
#146 and #147 South 47031' 48" East 6.98 feet to the point of
beginning.
STATE OF INDIANA
COUNTY OF CLARK
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
IN RE THE PETITION TO V ACA TE )
PORTION OF DRAINAGE AND )
DETENTION BASIN EASEMENT )
ON LOTS # 146 and #147 IN )
ROLLING RIDGE SUBDIVISION, )
SECTION 2, IN THE CITY OF )
JEFFERSONVILLE, CLARK COUNTY, )
INDIANA, )
)
BILDM, LLC; )
Petitioner. )
PETITION TO VACATE PORTION OF
DRAINAGR AND DRTRNTION RASIN RASRMRNT
BILDM, LLC, an Indiana limited liability company, (referred to hereinafter as the
"Owner"), hereby petitions the Common Council of the City of Jeffersonville (hereinafter called
the "Common Council") to vacate a portion of an existing drainage and detention basin easement
described in this petition and in support of this petition, Owner says as follows:
1. That Owner is the owner of certain real property known as Lot Numbers One Hundred
Forty Six (146) and One Hundred Forty Seven (147) in Rolling Ridge Subdivision, Section 2, as
shown in Plat Book 19, Page 149 of the Clark County, Indiana records (hereinafter referred to as the
"Property").
2. That the Property is currently subject to a public drainage and detention basin easement
(the "Easement") along the rear line of the lots comprising the Property, all as more particularly
shown on the Plat and the attached drawing.
3. Owner desires to vacate an approximate five foot portion of the above-described
Easement, beginning from a point on the common lot line between Lots 148 and 147 and
continuing across the Property in a northwardly direction to a point in Lot 146, all as more
particularly described in the legal descriptions attached hereto as Fxl1ihit "A" and being shown on
the drawing attached hereto as Fxl1ihit "R" both of which are incorporated herein by reference.
4. That the Easement lies within the unincorporated territory of Clark County, Indiana.
5. That the legal descriptions attached hereto as Fxl1ihit "A" describe by metes and bounds
that portion of the Easement that Owner desires to vacate.
6. That the drawing attached hereto as Rxl1ihit "R" shows that portion of the Easement
which Owner desires to vacate.
7. No utility improvements currently exist within the area sought to be vacated.
8. That Owner is the sole owner of all land abutting or adjoining the Easement to be
vacated. Therefore, Owner is not obligated to mail notice of this petition to any other party.
9. That Owner has caused notice of this petition and the hearing of same to be filed in The
Evening News.
WHEREFOR, Owner respectfully requests that the Members of the Common Council pass
an ordinance vacating that portion of the Easement described in Rxl1ihit "A" attached hereto and
shown in Rxl1ihit "R" attached hereto.
Dated: September _, 2007.
Alan