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HomeMy WebLinkAbout2018-OR-15 201803956 VAC $25.00 03/13/2018 12:12:18P 7 PGS Zachary Payne Clark County Recorder IN Recorded as Presented AY ENTERED TOR TAXATION 2018-OR- `' IIIIIIIIIIIIIIIIII11111I1111IIIIIIIIIIIIIIIIII1111IIIIIIIIIIIII) 3UBJEC FORFtNAL'TRANSF ER DANCE1 MR »111 BEFORE THE COMMON COUNCIL . ' OF THE CITY OF JEFFERSONVILLE, INDIANA 40044 PETITION TO VACATE A PUBLIC RIGHT-OF-WAY IN THE CITY OF JEFFERSONVILLE Comes now the, Petitioner,Jeffersonville Commons LLC,having heretofore filed its Petition to Vacate of a Portion of a Public Way in the City of Jeffersonville, which Petition is attached hereto as Exhibit A, and incorporated herein by reference. In support of this petition,the City states as follows: 1. The best use of the public right-of-way would be allowed it to be vacated. 2. The vacation of the property as described herein would not injure the public health, safety,or morals of the community. 3. It would be in the best interest of the adjoining property owners and the City to grant the petition set forth above. WHEREFORE, the Council having examined and heard evidence on said petition and being duly advised in the premises, now find that said petition should be GRANTED. NOW THEREFORE, IT IS HEREBY ORDAINED, by the Common Council of the City of Jeffersonville,pursuant to the provisions of I.C. 36-7-3-12,that the public right of way located in the City of Jeffersonville, Clark County, Indiana described as in Attached"Exhibit A." IT IS HEREBY FUTHER ORDAINED that the Petitioner 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 adoption and approval. Adopted this 6 day of ,Clt , 2018. ,� j ( rsa G' 1,p 2018.08- /4-5 ATTEST: 3#4(i4AL—• Vicki Conlin, Clerk Presented l y me as Clerk to the Mayor of said City of Jeffersonville this Le day of ,2018 Vicki Conlin, Clerk This Ordinance approved and signed by me this 9 day fil 2018. Mike Mi ore,Mayor 1 EXHIBIT A DESCRIPTION OF SELLERS COURT TO BE VACATED That part of Sellers Court as platted in Sellers Court Subdivision, Plat Book 6, Page 57, in the Office of the Recorder, Clark County, Indiana, being further described as follows: Commencing at the east corner of Lot 10 of Sellers Court Subdivision; Thence along the southwest right-of-way line of Sellers Court, South 32 degrees 57 minutes 23 seconds East, 271.31 feet to the True Point of Beginning; Thence North 57 degrees 02 minutes 37 seconds East, 40.00 feet to the northeast right-of-way line of Sellers Court; Thence along said northeast right-of-way line, South 32 degrees 57 minutes 23 seconds East, 273.96 feet to the northwest right-of-way line of East Tenth Street; Thence along said northwest right-of-way line, South 23 degrees 17 minutes 18 seconds West, 48.11 feet to the southwest right-of-way line of Sellers Court; Thence along said southwest right-of-way line,North 32 degrees 57 minutes 23 seconds West, 300.69 feet to the True Point of Beginning. The above-described tract contains 0.264 acres, which is subject to all rights-of-ways and easements whether of record or not. _ '. 0265 INTERCHANGE 1 �� 1/ ik �`�I- LEGEND 1� 5Z:325�� P.O.C.-PONT Of COVMV:COIEM I COURT 1P.0.B.-TRUE PONT OF eEON'FNC CO RA ROAD Mr! w.A1i6I01E5 SF71 FRS FORT TO Nr ® LhSr.201616527 1: VACATED HERB LEMS READ © JEFFTRSb.NLtE COUAIOhS,LLC 0 100 200 11'57.201717216 O —�— y� j' 1451. EEKIEH,LLC 1'a 100' 2cT EAST LOTH STREET © INst.201516910 NORTH AND ALL &"M.500 SMOAN tett MAP HEREON ARE 825(0 at NAD 1983, 2N1 TY F IN097tA EAST ZOt:E, STATE MASE COOROSIATES AS 0(510£0 FROM GPS CONTROL 1050 OBSERVAT)O!IS. 38LOT 39T LOT 40 SEL ER COUI T SUBOIVISIOt� O 8/wt PLAT 8001(6.PAGE 57 'St`10 �.n LOT 6 LOT 4 LOT 2 �i la V• SELLERS COURT(40' R/W) G/ 0.264.ACRES is/ 1, ti �'�G^ LI o �,Q0.,‘ c JEFrERSO IuTLLE COMMONS.LLC I © OPO \ �� 0i 0 0 0 \9P \ t '� - 8r %'"t T[ pc,'9444.‘ Oa os' \\V' pG1n \ raiz ` (yOc.,c`•1.QP \Cdr. ocj 7 i F P \ R/W \ t 111m'1 <isF \\ 0. 0 \ TRACT 12 TRACT 13 lP \ UNE TABLE UNE BEARING DISTANCE LI S 32'57'23 E 271.31' L2 N 5T02'37' E 40.00' L3 S 32'57'23' E 273.96' L4 S 23'17'18 W ' 48.11' L5 N 32'57'23'W 300.69' DESCRIPTION OF SELLERS COURT TO BE VACATED That port of Sellers Court as plotted in Sellers Court Subdivision, Plat Bock 6, Page 57, in the Office of the Recorder, Clark County. Indiana, being further described os follows: Commencing at the east corner of Lot 10 of Sellers Court Subdivision; Thence along the southwest right-of-way fine of Sellers Court, South 32 degrees 57 minutes 23 seconds East, 271.31 feet to the True Point of Beginning; Thence North 57 degrees 02 minutes 37 seconds East. 40.00 feet to the northeast right-of-way line of Sellers Court; Thence along said northeost right-of-way line, South 32 degrees 57 minutes 23 seconds East, 273.96 feet to the northwest right-of-way line of East Tenth Street; Thence along said northwest right-of-way line, South 23 degrees 17 minutes 18 seconds West, 48.11 feet to the southwest right-of-way line of Sellers Court; Thence along said southwest right-of-way line. North 32 degrees 57 minutes 23 seconds West, 300.69 feet to the True Point of Beginning. The above-described tract contains 0.264 acres, which is subject to all rights-of-ways and easements whether of record or not. 1145 1:011351 DOES NOT REPRESENT NT AASS ORD W1 SURVEY. RETRACEVOTT Fa(MBn M'0 DCSGRWTgX Of A FORROR DATE' 1-25-I8 ' SURVEY, ROUTE SURVEY OR SURVEYOR'S LOCATION REPORT AND SHOULD OF SELLERS50COAT TO BE AVAP0811 NOT BE RELIED UPON AS SUCH. curoeuslloe SIIOAN HEREON CATED DRAWN: TAK. REPRESENtiND BEAR NG5 ANO OSTANCOS IS BASED ON A UVITED FIEUD SURVEY ANO DEED BSORVAT1ON. JOBS: 17-41 NE7fHER /BSTRACT Of TTTIL NOR 1111E C01611,E4 WAS PROY,DED TO 901227S HART'S SURVE11.40 A ENOSEERSO, LLC FOR THE PREPARATION Of 1HS SUAVEYTNa A 1`0II.SEA1100.ILI 0A'C;1: 17--41 COEDIT. A TITLE COYYIVENT MAY REVEAL EASEMENTS, ENCUV0.4ATICES• 951WATERSTAEET RESTRICTIONS OR RIGHTS OF OTHERS NOT SHOWN HEREON. cHAP ESToWn.1511111 (011111.0111 SHEET: 1 Of I COPYRIGHT 2018 HART'S SURVEYING & ENGINEERING, LIC -ALL RIGHTS RESERVED STATE OF INDIANA COUNTY OF CLARK BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE IN RE THE VACATION OF A PART OF SELLERS COURT SELLERS COURT SUBDIVISION JEFFERSONVILLE COMMONS,LLC,Applicant LEGAL NOTICE Notice is hereby given that JEFFERSONVILLE COMMONS, LLC, has filed a petition to vacate a certain portion of the public way commonly known as Sellers Court in Jeffersonville,Clark County, Indiana more particularly described as follows: That part of Sellers Court as platted in Sellers Court Subdivision, Plat Book 6, Page 57, in the Office of the Recorder,Clark County, Indiana, being further described as follows: Commencing at the east corner of Lot 10 of Sellers Court Subdivision; Thence along the southwest right-of-way line of Sellers Court, South 32 degrees 57 minutes 23 seconds East, 271.31 feet to the True Point of Beginning; Thence North 57 degrees 02 minutes 37 seconds East,40.00 feet to the northeast right-of- way line of Sellers Court; Thence along said northeast right-of-way line, South 32 degrees 57 minutes 23 seconds East, 273.96 feet to the northwest right-of-way line of East Tenth Street; Thence along said northwest right-of-way line, South 23 degrees 17 minutes 18 seconds West, 48.11 feet to the southwest right-of-way line of Sellers Court; Thence along said southwest right-of-way line, North 32 degrees 57 minutes 23 seconds West, 300.69 feet to the True Point of Beginning. The above-described tract contains 0.264 acres, which is subject to all rights-of-ways and easements whether of record or not. The general geographic area which is the subject of this petition is a part of Sellers Court,Jeffersonville, Clark County, Indiana, at an ending portion of Sellers Court, abutting the Petitioner's real estate on all sides, between Jeffersonville Commons Drive and Highway 62 (East 10th Street); and in this area the Petitioner and the City of Jeffersonville have constructed Jeffersonville Commons Drive and Herb Lewis Road affording ingress and egress to the remaining Sellers Court. All persons are hereby notified that a public hearing BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE,CLARK COUNTY, INDIANA, will be held on the 5th day of March, 2018, at 7 o'clock p.m., at the following address: 500 QUARTERMASTER COURT, COUNCIL CHAMBERS (FIRST FLOOR) JEFFERSONVILLE,INDIANA 47130. A copy of the Petition is on file at the Office of the Clerk of the City of Jeffersonville,Indiana, 500 Quartermaster Court,Jeffersonville,Clark County,Indiana. Written objections that are filed prior to the hearing will be considered. Oral comments will be heard at the hearing. The hearing may be continued from time to time as may be necessary. Dated this 13th day of February,2018. Jim Calvery,Jeffersonville Commons,ILC JEFFERSONVILLE, INDIANA Proof of STATE OF INDIANA Publication COUNTY OF CLARK -SS STATE OF INDIANA COUNTY OF CLARK BEFORE THE COMMON 1 COUNCIL OF THE h CITY OF JEFFERSONVILLE IN RE THE VACATION OF AI Ginger Baxter on oath says that she is the SPARTELLERS OFCOURT SELLrSUBD RS V SION RT bookkeeper of NEWS AND TRIBUNE and in JEFFENSOINVILLE COMMONS, the employ of the publisher of LIG, LEGAL NOTICE, Notice Is hereby given that JEFFERSONVILLE COMMONS, LLC,has fled a petition to vacate o NEWS E 1 N TRIBUNE RIBUNE certain portion of the public way commonly known as Sellers Court in Jelleraonville, Clark County Indiana more particularly described as follows: a daily newspaper of general circulation printed and That part of Sellers Court as platted in Sellers Court Subdivision, published in the city of Jeffersonville, Clark County, ofalthe Reco dere,SClark the County, State of Indiana, and further says that the annexed Indiana,being further described as follows: advertisement was published in said paper for Commencing at the east corner of #( 1 ) time(s)to-wit: In issue of said NEWS AND TRIBUNE Lot 10 of Sellers Court Subdivision; Thence along the southwest right- Dated: 02-16 2018 continued next cokan villa, Clark County, Indiana, at an ending portion of Sellers Court, h abutting the Petitioner's real estate i„\ �! 1: ; ; on all sides,between Jeffersonville �f ' ;; Commons Drive and Highway 62 1 (East 10th Street);and in this area I • tho Petitioner and the City of Jeffer- sonville have constructed Jeffersonville le Commons Driveand STATE OF INDIANA Herb Lewis Road affording Ingress and egress to the remaining Sellers Court. All persons are hereby notified COUNTY OF CLARK that a public hearing BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE CLARK COUNTY,INDIANA,will be held on the 5th day of March, 2018, al 7 o'clock p.m„at the following ad. Subscribed and sworn to before me this dress: 500 QUARTERMAS I ER COURT, COUNCIL CHAMBERS (FIRST FLOOR) JEFFERSON. VILLE,INDIANA 47130. A copy of the Petition Is on file at l; '1f the office of the Clerk of the City of I ' day of /✓� 1(L e. 2018 Jeffersonville,Indiana,500 Quarter- master Court, Jeffersonville, Clark County,Indiana. Written objections that are tiled (X) lilt i r- it'at,e,/�L--) prior to the (searing will be consid- ered. Oral comments will be heard Joann( alligan /J at the hearing. Tire hearing may be r/ h, = continued from lime to time as may JOANN GALLIGAN be necessary. Notary PUblfe-Seal Dated this 13th day of February, Notary Public, Clark County, Indiana Slate or Indiana 2018. M Commission Expires August 27, 2022 ( y p g Clark Caunly Jim Calver, My Conn)lssion Expires Aug 27,2022 Jeffersonville Commons,LI.0 ., JEFFERSONVILLE,INDIANA hspaxlp Publication Fee $ 301.32 1415988 Proof of STATE OF INDIANA Publication COUNTY OF CLARK -SS STATE OF INDIANA COUNTY OF CLARK BEFORE THE COMMON COUNCIL OF THE i CITY OF JEFFERSONVILLE h IN RE THE VACATION OF Ai Ginger Baxter on oath says that she is the PART FCOURTERS COUVISIONRT bookkeeper of NEWS AND TRIBUNE and in JEFFERSOiNVILLE COMMONS, the employ of the publisher of LEO L O C Notice is hereby ven that JEFFERSONVILLE (MONS, LLC,has tiled a petition to vacate a NEWS AND certain portion of the public way 9 commonly known as Sellers Court in Jeffersonville, Clark County Indiana more particularly described as follows; a daily newspaper of general circulation printed and That part of Sellars Court as platted in Sellers Court Subdivision, published In the city of Jeffersonville, Clark County, e Office . ooftheRecorder, Clark Plat Book 67, in nCounty, State of Indiana, and further says that the annexed Indiana,being further described as follows: advertisement was published in said paper for Commencing at the east corner of #( 1 ) time(s)to-wit: In issue of said NEWS AND TRIBUNE Lot 10 of Sellers Court Subdivision; Thence along the southwest right- Dated: 02-16 2018 continued next cohumn Ville ClarkCounty,Indiana, at an ending portion of Sellers Court, f r...) abutting the Petitioner's real estate ( ) �( }, l`f j,1 on all sides,between Jeffersonville x t ��u�y/4 1 7iV kf l� Commons Drive and Highway 62 / (East 10th Street);and In this area U the Petitioner and the City of Jeffer- sonville have constructed Jeffersonville Commons Driveand STATE OF INDIANA Herb Lewis Road affording ingress and egress to the remaining Sellers Court. thAllappeusonslic are heEeyy bOREtified THd. COUNTY OF CLARK COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE CLARK COUNTY,INDIANA,will the held on the 5th day of March, 2018, at 7 o'clock pin.,al the followin ad- Subscribed and sworn to before me this dress: 500 QUARTERMASTER COURT, COUNCIL CHAMBERS (FIRST FLOOR) JEFFERSON- VILLE,INDIANA 47130. A copy of the Petition Is on file at / /�f the Office of the Clerk of the City of J( day of ~.E��U"Gl.(E� -^^^((( 2018 Jeffersonville,Indiana,500 Quarter- master Court, Jeffersonville, Clark County,Indiana. X l //� /l� f J Written objections that are filed ( ) Wilt./ ---- !/`,{ 1L�, �t,e ,t i prior to the (rearing will be consid- ered. ered. Oral comments will be heard Joann alligan at the hearing. The hearing may be I/ r continued from lime l0 lime as may JOANN GALLiGAN be necessary. Notary Public, Clark County, Indiana Nofa'y Pubnc-Seal Slate of intliana 2018. (My Commission Expires August 27, 2022 Giark County Jim Calvert', My Commission Expires Aug 27,2022 Dated lnia 13th day of February, Jeffersonville Commons,LLC ' JEFFERSONVILLE,INDIANA • hspaxlp Publication Fee $ 301.32 1415988