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HomeMy WebLinkAbout2004-OR-30ORDINANCE NO. 2004-OR- 30 AN ORDINANCE VACATING AN UNIMPROVED PORTION OF REED'S LANE, A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE~ INDIANA WHEREAS, petitioner. Highland Trace, LLC, an Indiana limited liability company, has filed a petition pursuant to the provisions of IC 36-7-3-12 seeking the vacation of a 6,316 square foot unimproved portion of Reed's Lane; a public way in the City of Jeffersonville, Indiana, pursuant to instrument recorded in Plat Book 7, Page 74 of the Clark County, Indiana Records; and, WHEREAS, such petitioner has further caused a notice of public hearing on such petition before this Common Council to be (i) served by all other owners adjoining the property proposed to be vacated, and (ii) properly published in accordance with Indiana law; and, WHEREAS, this Common Council having held such public heating at the date and time as stated in such published notice; and, WHEREAS, this Common Council now finds that the relief requested by such petitioner should be granted. NOW, THERFORE, BE IT ORDAINED. that the Common Council of the City of Jeffersonville, Indiana, hereby finds all of the following: 1. The proposed vacation will not hinder the growth or orderly development of the City of Jeffersonville, Indiana. 2. The proposed vacation will not make access to the lands of any aggrieved person by means of public way difficult or inconvenient. 3. The proposed vacation will not hinder the public's access to a church, school, or other public building or place. 4. The proposed vacation will not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. IT IS FURTHER ORDAINED that the Common Council of the City of Jeffersonville, Indiana, does accordingly hereby vacate the following described portion of an unimproved public way: Being a part of Northaven Subdivision, Unit #5. as recorded in Plat Book 7, Page 74, as recorded in the office of the Recorder of Clark County, Indiana, and more particularly described as follows: Beginning at a steel pipe in the northeast comer of Lot #215 of said subdivision, thence with the northern line of said lot South 55 degrees 04 minutes 00 seconds West, 50.00 feet to a set #5 re-bar, THE TRUE PLACE OF BEGINNING of the tract to be described; Thence along the chord of a curve to the left South 9 degrees 57 minutes 00 seconds West 35.43 feet to a #5 re-bar; Thence South 55 degrees 04 minutes 00 seconds West, 50.35 feet (plat 50.00 feet) to a #5 re-bar; Thence North 35 degrees 00 minutes 00 seconds West, 120.0 feet to a #5 re-bar; Thence North 55 degrees 04 minutes 00 seconds East, 75.10 feet to THE TRUE PLACE OF BEGINNING, containing 6,316 square feet. IT IS FURTHER ORDAINED that subsequent to the vacation granted herein, the westernmost half of the vacated area shall be owned by the adjoining property owner, Highland Trace, LLC, and the easternmost half of the vacated area shall be owned by the adjoining property owners, Richard P. Howard and Robin L. Howard. IT IS FURTHER ORDAINED that this vacation shall not deprive any public utility of the use of all or part of the easements hereby vacated to the extent that any such public utility was occupying all or part of such easements at the time that the petition for vacation was filed. This Ordinance was proposed, promulgated, and adopted this,~/.~O"-'day of '~0 ~r~ ,2004, and shall be of full force and effecl as of the date of its passage. The Clerk-Treasurer is directed to furnish a copy of this ordinance to the Clark County Recorder for recording, and to the Clark County Auditor. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA ~itI.L? .~: McCAULEY, II,'~[ President, Jeffersonville City Council Attest: Peggy Wilder, Clerk-Treasurer Page 2 of 3 CERTIFICATE OF PRESENTATION TO MAYOR The undersigned hereby cei'tifies that the Ordinance set forth hereinabove was presented by me as the duly elected Jeffersonville Clerk-Treasurer ro the Mayor of the City of Jeffersonville this ~ day of ~ ~ ,2004. Peggy Wq~ld~r-, Clerk-Treasurer APPROVAL BY MAYOR The Ordinance set forth hereinabove was accepted and approved by me as Mayor of the City of Jeffersonville, Indiana, this OQ~ day of~.__~~ 2004. ROB ~f'A~Z, M4{yor, City of Jeffersonville, Indiana Attest: %~t~) ~'x4 xt ~ ~ Peggy~W~, Clerk-Treasurer Page 3 of 3 NOTICE OF PUBLIC HEARING ON PETITION TO VACATE A PUBLIC WAY Notice is hereby given that petitioner, Highland Trace, LLC, an Indiana limited liability company, has filed a petition before the Common Council of the City of Jeffersonville, Indiana, pursuant to the provisions of IC 36-7-3-12, to vacate a 6,316- square foot unimproved portion of Reed's Lane, a public way in the City of Jeffersonville, Indiana, pursuant to instrument recorded at Plat Book 7, Page 74, of the Clark County, Indiana Records, and which area is more specifically described as follows: Being a part of Northaven Subdivision, Unit #5, as recorded in Plat Book 7, Page 74, as recorded in the office of the Recorder of Clark County, Indiana, and more particularly described as follows: Beginning at a steel pipe in the northeast corner of Lot #215 of said subdivision, thence with the northern line of said lot South 55 degrees 04 minutes 00 seconds West, 50.00 feet to a set #5 re-bar, THE TRUE PLACE OF BEGINNING of the tract to be described; Thence along the chord of a curve to the lef~ South 9 degrees 57 minutes 00 seconds West 35.43 feet to a #5 re-bar; Thence South 55 degrees 04 minutes 00 seconds West, 50.35 feet (plat 50.00 feet) to a #5 re-bar; Thence North 35 degrees 00 minutes 00 seconds West, 120.0 feet to a #5 re-bar; Thence North 55 degrees 04 minutes 00 seconds East, 75.10 feet to THE TRUE PLACE OF BEGINNING, containing 6,316 square feet. ~ The petition is on file in the office of the Clerk-Treasurer of the City of Jeffersonville, Indiana, and may be examined during regular business hours. Notice is further hereby given that a public hearing will be held on the above- described petition at the regular meeting of the Common Council of the City of Jeffersonvilte, Indiana, scheduled for June 7, 2004, at 7:30 p.m., and such hearing shall be held in Room 308 of the City-County Building, 501 East Court Avenue, Jeffersonville, Indiana. Remonstrances or objections to the proposed vacation shall be heard at such hearing as provided in IC 36-7-3-13. The Common Council may continue the public hearing from time-to-time as deemed necessary, and may adopt the proposed vacation by ordinance or reject the proposed vacation following the conclusion of such hearing. So noticed this day of May, 2004. Peggy Wilder, Jeffersonville Clerk-Treasurer C. Gregory Filer, #8121-98 YOUNG, LIND, ENDRES & KRAFT 126 W. Spring Street New Albany, 1N 47150 (812) 945-2555 Attorney for Petitioner 2 STATE OF INDIANA BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE iN RE THE PETITION TO VACATE A 6,316 S.F. PORTION OF REED'S LANE, A PUBLIC WAY iN THE CITY OF JEFFERSONVILLE, INDIANA, PURSUANT TO INSTRUMENT RECORDED AT PLAT BOOK 7, PAGE 74, IN THE CLARK COUNTY, INDIANA RECORDS. HIGHLAND TRACE, LLC, an Indiana limited liability company, Petitioner. PETITION TO VACATE A PART OF A PUBLIC WAY Petitioner, Highland Trace, LLC, for its petition states as follows: 1. Petitioner, Highland Trace, LLC, is an Indiana limited liability company that owns certain real property in the City of Jeffersonville, Clark County, Indiana, that is contiguous to the public way described herein. 2. Pursuant to the provisions of Indiana Code 36-7-3-12, Petitioner seeks the vacation of the 6,316 square foot unimproved portion of Reed's Lane, a public way pursuant to instrument platted at Plat Book 7, Page 74, of the Clark County, Indiana Records, which area is shown as the cross-hatched section on the drawing attached hereto as Exhibit "A", and which area is more specifically described as follows: Being a part of Northaven Subdivision, Unit #5, as recorded in Plat Book 7, Page 74, as recorded in the office of the Recorder of Clark County, Indiana, and more particularly described as follows: Beginning at a steel pipe in the northeast comer of Lot #215 of said subdivision, thence with the northern line of said lot South 55 de~:ees 04 minutes 00 seconds West, 50.00 feet to a set #5 re-bar, THE TRUE PLACE OF BEGINNING of the tract to be described; Thence along the chord of a curve to the left South 9 degrees 57 minutes 00 seconds West 35.43 feet to a #5 re-bar; Thence South 55 degrees 04 minutes 00 seconds West, 50.35 feet (plat 50.00 feet) to a #5 re-bar; Thence North 35 degrees 00 minutes 00 seconds West, 120.0 feet to a #5 re-bar; Thence North 55 degrees 04 minutes 00 seconds East, 75.10 feet to THE TRUE PLACE OF BEGINNING, containing 6,316 square feet. 3. Pursuant to the provisions of Indiana Code 36-7-3-12, Petitioner seeks the vacation of the above-described portion of the platted public way. Petitioner and: AZ85374. The owners of all land that abut the area proposed to be vacated are a. Russell P. Hughes Trust, 17690 N. Saddle Ridge Drive, Surprise, b. Ricky L. Romans, II, 901 Camelot Court, Jeffersonville, IN 47130. c. Richard P. Howard and Robin L. Howard, 1225 Reeds Lane, Jeffersonville, IN 47130. 5. Petitioner seeks such vacation on grounds that the area proposed to be vacated has never been improved as a public street, and no utilities or signs have been located within such area by any utility service provider to date. 6. Petitioner has caused notice of the filing of this petition and the scheduled hearing thereon to be published in The Evening News, a newspaper of general circulation in Clark County, Indiana, one (1) time at least ten (10) days before the scheduled date of such hearing as required by IC 5-3-1-2(b). 7. Petitioner asks that the proposed vacation be granted by ordinance of this Common Council, and that such ordinance provide that subsequent to such vacation to 2 Petitioner, as the owner of property contiguous to the existing westem property line of the vacated area, shall be deemed to own the westernmost half of the vacated property, and Richard P. Howard and Robin L. Howard, as the owners of property contiguous to the existing eastern property line of the area to be vacated area, shall be deemed to own the easternmost half of the vacated property. WHEREFORE, petitioner, Highland Trace, LLC, respectfully asks that the Common Council of the City of Jeffersonville, Indiana, conduct a public hearing on this petition, and that following such petition enact and adopt the ordinance vacating the specified portion of the unimproved public way as requested herein. C. Gr eg~-?8 YOUNG, LIND, EtNDRES & KRAFT 126 W. Spring Street New Albany, IN 47150 (812) 945-2555 Attorney for Petitioner CERTIFICATE OF SERVICE The undersigned hereby certifies that on the ~ZTv day of May, 2004, a copy of the foregoing petition, together with the notice of public hearing thereon, was served by certified U.S. mail, return receipt requested, postage prepaid, on Russell P. Hughes Trust, 17690 N. Saddle Ridge Drive, Surprise, AZ 85374; Ricky L. Romans, II, 901 Camelot Court, Jeffersonville, IN 47130; and, Richard P. Howard and Robin L. Howard, 1225 Reeds Lane, Jeffersonville, IN 47130.~~~)f '~ C. Gre~ory~l~fer ~/ / 3 EXHIBIT A Proof Of Publication mu rICB OF PUBLIC HEARING ON PETITION TO ~ACATE A PUBLIC WAY * Notice is hereby given that 3-12, to vacate a 6,316- square foot unimproved portion of Reed's Lane, a public way in the Jeffersonville, Indiana suant to Instrument ' ed a P at, Book 7 Page 74~ , of the Clark County, indiana: Records, and which are more specifically described ,' as follows: Being a part of Northaven SuhdNisii)n, 'Unit, #5, as recorded in Plat Bo~k 7, Page 74, as re. corded in the office of the I Recorder 'of Crark County, rndiana, and more particu- ' lariy described as fo ows Beginning at a steel pipe in the northeast comer of lot #215 of Said subdivision, thence with the northern line of said lot South 55 de- grees 04 minutes 00 s ends West, 50.00 f~et m a set #5 rebar, THE TRUE, PLACE OF BEGINNING of .the tract to be desedbe~; .Thence along the chord of a curve to the Itt South 9 degrees 57 minu es 00 sec- ends West 35,43 feet to a #5 rebar; thence South 55 degrees 04 minutes 00 sec- ends West, 50.25 feet (plat 50.00 feet to a #5 rehar, hence North 35 degrees 00 STATE OF INDIANA COUNTY OF CLARK - SS ~,~¢c~o, ~~~ On oath says that she is bookkeeper of lite Evening News and In Ihe eml)loy of lhe publisher of a daily newspaper of general circulation printed and published in the city of Jeffersonville, Clark County, State of Indiana, and further says that the annexed advertisement was published in said paper for ~¢ ( ~ ) time(s) t;:)-wit..;.In issue of'said Evening News dated: l~ ~ [~' , 20~. , STATE OF INDIANA COUNTY OF CLARK Subscribed and sworn to belore me this ¢ day el, .~/~.-~. ,20¢/"/ (x) k_¢~_~ ~ ~, Notary Public, Clark County, Indiana (My.._.C,,ommission Expires) Publication _ / Fee $ Proof Of Publication r~u rICE OF PUBLIC HEARING ON PETmON TO VACATE A PUBLIC WAY square foot unimproved portion of Reed's Lane, a public way in the City of Jeffersonville; Indiana, pur- suant to instrument record- ' ed at Plat Book 7; P~ge 74 , of the Clark County, ~diana Records, and which are more specJfically deschbed as follows: Being a part of i N0rthaven Subd v s on, Unit, Recorder of Clerk County, i STATE OF INDIANA COUNTY OF CLARK - SS o, t~~ ~ On oath says that she is bookkeeper of the Evening News and In Ihe eml)loy of the publisher of a daily newspaper of general circulation printed and published in the city of Jeffersonville, Clark County, State of Indiana, and further says that the annexed advertisement was published in said paper for It ( ~ ) time(s) t~-wit: In issue of said Eveninn New- dated: , ~ [~' _, 20~. ~ ~ STATE OF INDIANA COUNTY OF CLARK Subscribed and sworn to before me this Nota~ Public, Clark Counly, Indiana (My~Commission Expires) , Publication_ Fee $