HomeMy WebLinkAbout2008-OR-07COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE PETITION OF
PAUL MICHAEL CAMPBELL TO VACATE A
PUBLIC WAY IN JEFFERSONVILLE, INDIANA
ORDINANCE NO. a~~~~`e,~- ~/
ORDINANCE GRANTING PETITION TO VACATE PUBLIC WAY
Comes now Paul Michael Campbell, individually, hereinafter referred to as "Petitioner," and
Petitioner having heretofore filed his Petition to Vacate Public Way, and notice of said petition and
the time and place of the hearing regarding the same having been given by the Clerk of the City of
Jeffersonville pursuant to the provisions of Indiana Code 36-7-3-12 and 5-3-1, and the Common
Council of the City of Jeffersonville, Indiana, 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 of the City of Jeffersonville,
Indiana, that: (i) the part of 8th Street between Washington Square and Block 90 and the part of 8th
Street between Washington Square and Block 83 and that certain ten foot (10') alley situated
between the north line of Lots 1 and 2, Block 90 and the South Line of Lot 3, Block 90 in the City
of Jeffersonville shall be and are hereby vacated by the Common Council of the City of
Jeffersonville, Indiana; (ii) title to the real property comprising that portion of the public way
bounded by Petitioner's property shall revert to Petitioner; and (iii) that portion of the public way
described in the deed to Betjim Investments, LLC (hereinafter "Betjim") filed as Instrument No.
200611240; shall revert to Betjim in accordance with Indiana law. The legal descriptions attached
hereto as Exhibit "A" and the drawing attached hereto as Exhibit "B" depict the vacated property
and the respective ownership of title to same following this vacation; both of which are incorporated
by reference herein.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this ~~'
day of ~f~~~, 2008.
COMMON COUNCIL OF THE
CITY OF JEFFERSONVILLE, INDI~INA
B
Y
Kam, Presidin fficer
~a7 ~~iSTACUN~
ATTEST:
gy; ~
Peg' alder, Clerk-Treasurer
Presented by Peggy Wilder, Clerk-Treasurer, to the Mayor of said City of Jeffersonville on
this 'J day of , 2008.
Peggy alder, Clerk-Treasurer
This ordinance approved and signed by me this r day of f ~ ~ ~ K ~f~ 008.
Thomas Galligan, Mayor
2
EXHIBIT "A"
DESCRHPTION OF PART OF 8TH STREET BETWEEN
WASHINGTON SQUARE AND BLOCK 90
Being a part of Eighth Street between Washington Square and Block 90 in the City
of Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at the southwest corner of Lot 1 in said Block 90; Thence S.85° 36'
35"E., along the south line of said Lot 1 and the south line of Lot 2 in said Block,
being the north line of said Eighth Street, 111.06 feet to the southeast corner of
said Lot 2; Thence S.4° 23' S7" W., along the west line of a 20 foot vacated alley
(see Miscellaneous Drawer 2, Instrument 443) 60 feet to the northeast corner of
said Washington Square; Thence N.85° 36' 35" W., along the north line of said
Washington Square, being the south line of said Eighth Street, 111.18 feet to the
east Right-of--Way line of vacated Broadway (see Ordinance No. 96-OR-70);
Thence N.4°31' 17"E., along said east Right-of--Way line, 60 feet to THE PLACE
OF BEGINNING.
Containing 6667 square feet and being subject to all easements of record.
DESCRIPTION OF PART OF 8TH STREET BETWEEN
WASHINGTON SQUARE AND BLOCK 83
Being a part of Eighth Street between Washington Square and Block 83 in the City
of Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at the northwest corner of Lot 4 in said Block 83; Thence N.4° 31'
17"E., along the east line of vacated Broadway (see Ordinance No. 96-OR-70) 60
feet to the south line of said Washington Square; Thence S.85° 34' 21" E., along
the south line of said Washington Square, being the north line of said Eighth
Street, 111.66 feet to the southeast corner of said Washington Square; Thence
S.4° 23' S7" W., along the west line of a 20 foot vacated alley (see Miscellaneous
Drawer 2, Instrument 443) 60 feet to the northeast corner of Lot 5 in said Block
83; Thence N.85° 34' 21" W., along the north line of said Lots 5 and 4, 111.79
feet to THE PLACE OF BEGINNING.
Containing 6703 square feet and being subject to all easements of record.
DESCRIPTION OF VACATED TEN FOOT ALLEY
That certain ten foot (10') alley situated between the north line of Lots 1 and 2, Block 90
and the south line of Lot 3, Block 90 in the City of Jeffersonville.
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STATE OF INDIANA
COUNTY OF CLARK
BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE
IN RE THE PETITION TO VACATE
A PUBLIC WAY ON PART OF 8TH
STREET BETWEEN WASHINGTON
SQUARE AND BLOCK 90 AND PART
OF 8TH STREET BETWEEN
WASHINGTON SQUARE AND
BLOCK 83 IN THE CITY OF
JEFFERSONVILLE, CLARK
COUNTY, INDIANA,
PAUL MICHAEL CAMPBELL;
Petitioner.
PETITION TO VACATE PUBLIC WAY
Petitioner, Paul Michael Campbell ("Campbell"), states for his petition as
follows:
By virtue of that certain Deed of record in Deed Drawer 13, Instrument
No.1175; (ii) that certain Ordinance filed in Miscellaneous Drawer 2, Instrument
No.443 and (iii) that certain Ordinance No. 96-OR-70, Campbell is the owner of certain
real property situated in Block 83 and Block 90 in the City of Jeffersonville.
2. Campbell's property surrounds or abuts the following streets:
a) that part of 8th Street between Washington Square and Block 90 in
the City of Jeffersonville, Clark County, Indiana and being further described as
follows:
Beginning at the southwest corner of Lot 1 in said Block 90; Thence
5.85° 36' 35"E., along the south line of said Lot 1 and the south line of
Lot 2 in said Block, being the north line of said Eighth Street, 111.06
feet to the southeast corner of said Lot 2; Thence S.4° 23' S7" W., along
the west line of a 20 foot vacated alley (see Miscellaneous Drawer 2,
Instrument 443) 60 feet to the northeast corner of said Washington
Square; Thence N.85° 36' 35" W., along the north line °111 18
Washington Square, being the south line of said Eighth Street,
feet to the east Right-of--Way line of vacated Broadway (see Ordinance
No. 96-OR-70); Thence N.4°31' 17"E., along said east Right-of--Way
line, 60 feet to THE PLACE OF BEGINNING.
Containing 6667 square feet and being subject to all easements of
record.
b) that part of 8th Street between Washington Square and Block 83 in the
City of Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at the northwest corner of Lot 4 in said Block 83; Thence N.4°
31' 17"E., along the east line of vacated Broadway (see Ordinance No. 96-
OR-70) 60 feet to the south line of said Washington Square; Thence 5.85°
34' 21" E., along the south line of said Washington Square, being the north
line of said Eighth Street, 111.66 feet to the southeast corner of said
Washington Square; Thence S.4° 23' S7" W., along the west line of a 20 foot
vacated alley (see Miscellaneous Drawer 2, Instrument 443) 60 feet to the
northeast corner of Lot 5 in said Block 83; Thence N.85° 34' 21" W., along
the north line of said Lots 5 and 4, 111.79 feet to THE PLACE OF
BEGINNING.
Containing 6703 square feet and being subject to all easements of record.
(hereinafter collectively the "Street")
3. Campbell's property also surrounds that certain ten foot (10') alley
situated between the north line of Lots 1 and 2, Block 90 and the south line of Lot 3,
Block 90 in the City of Jeffersonville (the "Alley")
4. Pursuant to the provisions of Indiana Code 36-7-3-12, Campbell seeks
the vacation of the Street and Alley in the City of Jeffersonville, Clark County, Indiana,
all as shown on the drawing attached hereto as Exhibit "A" and made a part hereof.
5. Campbell seeks the vacation because the Street and Alley are vacant
and unused and appeared to be overlooked when the City of Jeffersonville previously
2
vacated the streets and alleys situated between the former Broadway Avenue and
Indiana Avenue between West Seventh Street and West Ninth Street.
6. By virtue of Deed filed as Instrument No. 200611240, Campbell
conveyed a 1.25 acre parcel of property to Betjim Investments, LLC (hereinafter
"Betjim"), which deed included a portion of the Street.
7. Campbell and Betjim are the only adjoining landowners to said Street and
Alley.
8. Campbell shall notify Betjim of this Petition and shall cause notice of
the filing of this petition and the scheduled hearing hereon to be published in The
Evening News newspaper one (1) time at least ten (10) days before the scheduled date
of such hearing as required by Indiana Code 5-3-1-2(b).
9. Campbell asks that the proposed vacation be granted by ordinance of the
Common Council of the City of Jeffersonville and that such ordinance provides that
subsequent to such vacation: 1) the Street and the Alley, save and except that portion of
the Street previously conveyed to Betjim, shall revert to Campbell and 2) that portion of
the street previously conveyed to Betjim shall revert to Betjim.
[REMAINDER OF PAGE LEFT INTENTIONALL Y BLANK)
3
WHEREFORE, Petitioner, Campbell, respectfully asks that the Common
Council of the City of Jeffersonville conduct a public hearing on this petition, and that
following such petition enact and adopt the ordinance vacating the public way as
requested herein.
APPLEGATE & FIFER
428 Meigs Ave.
Jeffersonville, Indiana 47131
Attorney for Petitioner
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EXHIBIT
NOTICE OF PUBLIC HEARING REGARDING
PETITION TO VACATE PUBLIC WAY
NOTICE is hereby given that the petitioner, Paul Michael Campbell, has filed with the
Common Council of the City of Jeffersonville, Indiana (the "City"), a petition to vacate public way
consisting of:
a) that part of 8th Street between Washington Square and Block 90, which is more
particularly described as follows:
Being a part of Eighth Street between Washington Square and Block 90 in the City
of Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at the southwest corner of Lot 1 in said Block 90; Thence 5.85° 36'
35"E., along the south line of said Lot 1 and the south line of Lot 2 in said Block,
being the north line of said Eighth Street, 111.06 feet to the southeast corner of
said Lot 2; Thence S.4° 23' S7" W., along the west line of a 20 foot vacated alley
(see Miscellaneous Drawer 2, Instrument 443) 60 feet to the northeast corner of
said Washington Square; Thence N.85° 36' 35" W., along the north line of said
Washington Square, being the south line of said Eighth Street, 111.18 feet to the
east Right-of--Way line of vacated Broadway (see Ordinance No. 96-OR-70);
Thence N.4°31' 17"E., along said east Right-of--Way line, 60 feet to THE PLACE
OF BEGINNING.
Containing 6667 square feet and being subject to all easements of record.
b) that part of 8th Street between Washington Square and Block 83, which property is
more particularly described as follows:
Being a part of Eighth Street between Washington Square and Block 83 in the
City of Jeffersonville, Clark County, Indiana and being further described as
follows:
Beginning at the northwest corner of Lot 4 in said Block 83; Thence N.4° 31'
17"E., along the east line of vacated Broadway (see Ordinance No. 96-OR-70) 60
feet to the south line of said Washington Square; Thence 5.85° 34' 21" E., along
the south line of said Washington Square, being the north line of said Eighth
Street, 111.66 feet to the southeast corner of said Washington Square; Thence
S.4° 23' S7" W., along the west line of a 20 foot vacated alley (see Miscellaneous
Drawer 2, Instrument 443) 60 feet to the northeast corner of Lot 5 in said Block
83; Thence N.85° 34' 21" W., along the north line of said Lots 5 and 4, 111.79
feet to THE PLACE OF BEGINNING.
Containing 6703 square feet and being subject to all easements of record.
(hereinafter collectively the "Street").
c) that certain ten foot (10') alley situated between the north line of Lots 1 and 2, Block 90
and the south line of Lot 3, Block 90 in the City of Jeffersonville (the "Alley").
Petitioner has requested to have said Street and Alley vacated in their entirety. The original
petition is on file in the office of the Jeffersonville Clerk-Treasurer at Jeffersonville City Hall, 500
Quartermaster Court, Jeffersonville, Indiana, and may be inspected during regular business hours.
Notice is further given that a public hearing on the petition will be held by the Common
Council at its regular meeting on 2008, at o'clock p.m.
(prevailing local time), in the City Council Chambers on the First Floor of Jeffersonville City Hall,
500 Quartermaster Court, Jeffersonville, Indiana. All interested persons shall be heard at such
public hearing regarding the matters set out in said petition.
Such notice is given this the day of January, 2008.
/s/ Peggy Wilder, Jeffersonville Clerk Treasurer
This notice prepared by.•
Alan Applegate
APPLEGATE & FIFER
428 Meigs Avenue
Jeffersonville, Indiana 47131-1418
(812) 284-9499
Attorney for Petitioner
2
To: Betjim Investments, LLC
520 West Seventh St.
Jeffersonville, Indiana 47150
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NOTICE OF PUBLIC HEARING REGARDING
PETITION TO VACATE PUBLIC WAY
NOTICE is hereby given that the Petitioner, Paul Michael Campbell, has filed with the
Common Council of the City of Jeffersonville, Indiana, a Petition to Vacate Public Way relating
to:
a) that part of 8th Street between Washington Square and Block 90 in the City of
Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at the southwest corner of Lot 1 in said Block 90; Thence 5.85° 36'
35"E., along the south line of said Lot 1 and the south line of Lot 2 in said Block,
being the north line of said Eighth Street, 111.06 feet to the southeast corner of
said Lot 2; Thence S.4° 23' S7" W., along the west line of a 20 foot vacated alley
(see Miscellaneous Drawer 2, Instrument 443) 60 feet to the northeast corner of
said Washington Square; Thence N.85° 36' 35" W., along the north line of said
Washington Square, being the south line of said Eighth Street, 111.18 feet to the
east Right-of--Way line of vacated Broadway (see Ordinance No. 96-OR-70);
Thence N.4°31' 17"E., along said east Right-of--Way line, 60 feet to THE PLACE
OF BEGINNING.
Containing 6667 square feet and being subject to all easements of record.
b) that part of 8th Street between Washington Square and Block 83 in the City of
Jeffersonville, Clark County, Indiana and being further described as follows:
Beginning at the northwest corner of Lot 4 in said Block 83; Thence N.4° 31'
17"E., along the east line of vacated Broadway (see Ordinance No. 96-OR-70)
60 feet to the south line of said Washington Square; Thence 5.85° 34' 21" E.,
along the south line of said Washington Square, being the north line of said
Eighth Street, 111.66 feet to the southeast corner of said Washington Square;
Thence S.4° 23' S7" W., along the west line of a 20 foot vacated alley (see
Miscellaneous Drawer 2, Instrument 443) 60 feet to the northeast corner of Lot 5
in said Block 83; Thence N.85° 34' 21" W., along the north line of said Lots 5
and 4, 111.79 feet to THE PLACE OF BEGINNING.
Containing 6703 square feet and being subject to all easements of record.
(hereinafter collectively the "Street")
c) that certain ten foot (10') alley situated between the north line of Lots 1 and 2,
Block 90 and the south line of Lot 3, Block 90 in the City of Jeffersonville (the "Alley").
The drawing attached hereto as Exhibit "A" depicts the proposed vacated
property. Petitioners request that said Alley and Street be vacated in their entirety. The
original petition is on file in the office of the Jeffersonville Clerk-Treasurer at
Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana, and may be
inspected during regular business hours.
Notice is further given that a public hearing on the petition will be held by the Common
Council on , 2008, at p.m. in the City Council Chambers
on the First Floor of Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana. All
interested persons shall be heard at such public hearing regarding the matters set out in said petition.
Such notice given this the day of January, 2008.
This notice prepared by:
Alan M. Applegate,
Attorney for Petitioner
APPLEGATE & FIFER
428 Meigs Avenue
Post Office Box 1418
Jeffersonville, Indiana 47131-1418
(812)284-9499
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