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HomeMy WebLinkAbout2002-OR-09ORDiNANCE NO. 2002-OR- 9 BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, iNDIANA ORDINANCE GRANTING PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE Come now First Trinity Baptist Church, having heretofore filed their Petition to Vacate a Portion of a Public Way in the City of Jeffersonville, which petition reads as follows: PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVlLLE The residents who live along the ten foot wide alley between Lot 7 and Lots, 8, 9, and 10, and part of the ten foot wide alley between Lots 4, 5, 6 and Lots 7 and 10 in Block 153, in the City of Jeffersonville as shown in Plat Book 3, page 74 of the Clark County, Indiana records and being further described in Exhibit "A", (hereinafter "the Residents") respectfully petition the Common Council of the City of Jeffersonville (hereinafter the "City"), to vacate a public way which is described in this petition and is situated in the City of Jeffersonville, County of Clark, State of Indiana, (See Exhibit "A' attached hereto and made a part hereof). In support of this petition, Trinity Church says as follows: A Petition to Vacate a Public Way from First Trinity Baptist Church, was presented at the January 7, 2002 meeting of the Common Council (hereinafter "the Meeting"). The minutes of the Meeting (See Exhibit "B" attached hereto and made a part hereof) reflect that it was unanimously voted that the City accept the legal property. The names and addresses of all owners of land abutting the public way described in Exhibit A are: Jack and Cheryle Bates, 7250 High Jackson Road, Charlestown, 1N 47111; Sherman and Lettie Phillips, 1514 Spring Street, Jeffersonville, iN 47130; Raymond Conn Trustee, 7915 East Highway 31, Sellersburg, iN 47172; Jeffersonville City School Board, 2710 Highway 62, Jeffersonville, iN 47130; Jerry Stephenson, 2518 Utica-Sellersburg Road, Jeffersonville, IN 47130. 4. The best use of the alley would be to allow it to be vacated. 5. The vacation of the alley as described herein would not injure the public health, safety, or morals of the community. 6. It would be in the best interest of the City of Jeffersonville to grant the petition set forth above. WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12 that the City of Jeffersonville vacate a public way (alley) as described above and illustrated in Exhibits "A" and "B". and Notice of said petition and the time and place of the hearing on the same having been given by the Clerk-Treasurer of the City of Jeffersonville pursuant to the provisions of I.C. 5-3-1, which notice reads as follows: BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE PETITION OF THE CITY OF JEFFERSONVILLE TO VACATE A PUBLIC RIGHT-OF-WAY IN THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA NOTICE OF HEARING ON PETITION TO VACATE TWO ALLEYS IN JEFFERSONVILLE~ INDIANA Notice is hereby given that the City of Jeffersonville has filed a Petition with the Jeffersonville City Council, Jeffersonville, Indiana asking for the vacation of part of a ten foot wide alley between Lot 7 and Lots 8, 9, and 10, and part of the ten foot alley between Lots 4, 5, 6 and Lots 7 and I0 in Block 153, in the City of Jeffersonville as shown in Plat Book 3, page 74 of the Clark County, Indiana records. A public hearing will be held on January 7, 2002 at 7:00 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. and the Common Council of the City of Jeffersonville 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 that the public right of way located in the City of Jeffersonville, Clark County, Indiana, as legally described on Exhibit "A" and shown on Exhibit "B" which are attached to and made a part of this Ordinance, shall be and is hereby vacated by the City of Jeffersonville. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this .._ day of ~)~_,~,~.2002.1 Presiding Officer ATTEST: Peggy ~I~ Clerk-Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this \~'1 day of ~ 2002. Peggy Wit~te~~ - Clerk-Treasurer This Ordinance approved and signed by me this ~ ,.~ day of 2. ·Gallig~n,(,Mal~r ~v//~ BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA PETITION TO VACATE A PUBLIC WAY IN THE CITY OF JEFFERSONVlLLE The residents who live along the ten foot wide alley between Lot 7 and Lots, 8, 9, and 1 ¢ and part of the ten foot wide alley between Lots 4, 5, 6 and Lots 7 and 10 in Block 153, in the City of Jeffersonville as shown in Plat Book 3, page 74 of the Clark County, Indiana records an~ being further described in Exhibit "A", (hereinafter "the Residents") respectfully petition the Common Council of the City of Jeffersonville (hereinafter the "City"), to vacate a public way which is described in this petition and is situated in the City of Jeffersonville, County of Clark, State of Indiana, (See Exhibit "A" attached hereto and made a part hereof). In support of this petition, Trinity Church says as follows: 1. A Petition to Vacate a Public Way from First Trinity Baptist Church, was presented at the January 7, 2002 meeting of the Common Council (hereinafter "the Meeting"). 2. The minutes of the Meeting (See Exhibit "B" attached hereto and made a part hereof) reflect that it was unanimously voted that the City accept the legal property. 3. The names and addresses of all owners of land abutting the public way described in Exhibit A are: Jack and Cheryle Bates, 7250 High Jackson Road, Charlestown, IN 47111; Sherman and Lettie Phillips, 1514 Spring Street, Jeffersonville, IN 47130; Raymond Corm Trustee, 7915 East Highway 31, S ellersburg, IN 47172; Jeffersonville City School Board, 2710 Highway 62, Jeffersonville, IN 47130; Jerry Stephenson, 2518 Utica-Sellersburg Road, Jeffersonville, IN 47130. 4. The best use of the alley would be to allow it to be vacated. 5. The vacation of the alley as described herein would not injure the public health, safet or morals of the community. 6. It would be in the best interest of the City of Jeffersonville to grant the petition set fo above. WHEREFORE, it is requested, pursuant to the provisions of I.C. 36-7-3-12 that the City of Jeffersonville vacate a public way (alley) as described above and illustrated in Exhibits "A" and "B'. David R?2Jl:~nkenbeker, P.L.S TerryA. Kendall, P.L.S. Howard R. Blankenbekex (1 Rollyn FL Blankenbeker 422 Meigs Avenue Jeffersonville, Indiana 47130 Blankenbeker & Son Land Surveyors Inc., P.C. Established 1945 (812) 282-4183 (812) 2824197 FAX P.O. Box JcffFersonville, Indiana 4 April 2002 DESCRIPTION FOR PROPOSED VACATION OF A 10 FOOT WIDE ALLEY Being all ora 10 foot wide alley between Lot 7 and Lots 8, 9, and 10 in Block 153 in the City of Jeffersonville as shown in Plat Book 3, Page 74 of the Clark County, Indiana Records and being further described as follows: Beginning at a steel pin on the northern comer of Lot 8 in said Block; Thence S.57°02'10"W., alc northwestern line of said Lots 8, 9, and 10, 107.42 feet to a railroad spike on the western comer of said 1 Thence N. 18°34'17"W., 10.32 feet to a steel pin on the southern comer of said Lot 7; Thence N.57°02'11 along the southeastern line of said lot, 104.96 feet to a steel pin on the eastern comer of said lot, same be western Right-of-Way line of Locust Street; Thence S.32~22'52"E., along said Right-of-Way line, 10 feel TIlE PLACE OF BEGINNING. Containing 1062 square feet and being subject to all easements of record. Trinity.d2 05-1974) !934-1994) 7 47131-0157 lg the ~ot 10; i"E., lng the to 0 ~0 60 229.95' 250' PLAT LOT 8 LOt 5 22, /NS~RO.~£~7 ~ ~ '~ - ~N / J / ~ DEED RECORD BOOK I~1~' ' .I .~1~ o.~ ACRE ~I ..I s~ wc~r ~1 1 ~ :.::::1~,~: 1 ' ~ ' ~AL · x x ,,I 0.878 ACR mole Of Jess ?CH A drr Strec F?fte~ plat 1 The depic