HomeMy WebLinkAbout2005-OR-51ORDINANCE 2005-OR-51
ORDINANCE GRANTING PETITION TO VACATE
A PUBLIC WAY IN THE CITY OF JEFFERSONVILLE
WHEREAS, on thc/~_~ day of ~j. qf[/~__, 2005, The Board of Trnstees of Clark
Memorial Hosp{tal filed its Petition to Vacate~ublic Ways in the City of Jeffersonvilte, which
public ways are commonly known a Broadway Street, between 10'h and 11 ~h Street, and a portion of
11a Street, more particularly described in Exl'fibit "A", attached hereto and incorporated herein by
reference, with the ~l~ffersonville Common council (the "Council"), which petition reads as follows:
Here insert PETITION TO VACATE PUBLIC WAYS IN THE CITY OF
JEFFERSONVILLE; and
Wa R. AS, *otice or a public hea**g o, The Board of* .s, s of Clark^g n.
Hospital's Petitton to Vacate the Public Way was published in the.Evening News on ~O" day o
~( ~,~/ ,2005. (See Publisher's Affidavit attached hereto as Exhibit "B'); ~m-~-
WlIEP, F, AS, notice of a public heating on Thc Board o¢ Trustees of Clark Memorial
Hospital's Petition to Vacate was sent by certified mail to each owner of land that abuts Broadway
Street (between 10~ and 1 t~ Street) and a portion of I 1Ia Street; and
WltEREAS, onthe ~ dayof ~ ,2005, the Council held a public
hearing on The Board of Trustees of Clark lCI~norial Hospital's Petition and made the following
findings:
I. The best use Of the public ways would be to vacate them.
The vacation of the said public ways as described herein would not injure thc public
health, safety, welfare or morals of the community.
It would bc in the best i.nterest of thc City of Jeffersonvillc to grant The Board of
Trustees of Clark Memorial Hospital's Petition to Vacate Public Ways.
NOW, THEREFORE, IT IS HEREBY OPo~AINED, pursuant to the provisions off. C.
36-7-3-12, that the public ways described in Exhibit "A" attached hereto and incorporated herein by
reference are hereby vacated and the Clerk-Treasurer is hereby instructed to record a copy of this
Ordinance in the office of the C. lark 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 i.ts passage and approval.
Aus.29. 2005 I:08PM No.3685 P. 3
Passed this
day of _~--~o~ ~ ~ , 20/0~
Presiding
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffcrsonville, Indiana this
day of~ ~ ~'~ ,2005 at ~-)'.."g D o'clock ~ m.
This Ordinance approved and signed by me tiffs
2005 at ~ ~ ~ o'clock _~
C~erk-Trcasumr
~-obe--'~iz/f~iayo r
Aus.2S, 2005
I:08PM No.3685 P. 4
Being a part of Broadway and Eleventh SWeets in Jeffersonv~lle, Clark County,
Indiana and being further desefibcd as follows:
BEGINNiNG at a steel pin on thc southwest comer of the Broadway and
Eleventh Street intersection, same being on the southeast comer of vacated
Eleventh Street as described in Deed Drawer 16, Instrument 1647 of the Clark
County Records; Thence N.0°07'30"W. along the west Broadway Street
Right-of-Way line extended, (Basis of Bearings), passing a "Mag" nail at 30.
feet, 60 feet to a steel pin on the ~orth Right-of-Way line of Eleventh Street,
same being on a comer of the tract of land described in Deed Drawer 13,
Instrument 8743 of said County Records; Thence S.89°39'41"E. akmg said
Right-of-Way line and a south line of said tract, 73.92 feet to a steel pin on
a southeast comer of said tract; Thence N.14°04'24"E. along a soatheast line
of said tract, 50.78 feet to a steel pin on the southwest Right-of-Way line of
Spring Street, same being on a southeast comer of said tract; Thence
8.22°14'09"E. along said Right-of-Way line, 118.22 feet to a steel pin on the
south Right-of-Way line of Eleventh Street, same being on the northeast comer
ora tract of land described in computer #200204400 of said County Records;
Thence N.89°40'52"W. along said Right-of-Way line and the north line of
said tract, 30.87 feet to a steel pin on the east Right~of-Way line of Broadway
Street, same being on the northwest comer of said tract; Thence S.0°07'30"E.
along said Right-of-Way line and the west line of said tract extended, passing
a steel pin at 109.8 feet, 339.3 feet; Thence S.90°W., 100 feet to the West
Right-of-Way line of Broadway Street at the southeast comer of a tract of
land described in Deed Drawer 22, Instrument 11755 of said County Records;
Thence N.0°07'30"W. along said Right-of-Way line and the east line of
said tract eXtended, passing steel pins at 120_99 feet and 228..99 feet,
339.74 feet to the PLACE OF BEGINNING.
Containing 41,865 square feet or 0.961 acres, and being subject to all
easements of record.
Aua,31, 2005 10:58AM No,3724 P. 1
SMITH BARTLF~TT HEEKE CARPENTER
, THOMPSON & FONDRISI, LLC
'" - ~' ': Attorney~ at La~--
~ . %:.
--',
'i~. ' ' '¥' ~T, FOX (z86~-~946)
~~' ~ ~C ~X(~9m-~O7S)
Ho~g Mome P~E~ K ~tOMPSON
lAX COVER SHEET
T~ephonc (8~ 2) ~82-~36 *a~ a~itt~ in
FAX NO.;
TO:
FROM;
bATE:
T~ME:
285-6468
SHARON
RACHELE LCUMMIN$
8/31/05
CLARK MEMOR'r'AL HOSPITAL
NO. OF PAC-,-,-,-,-,-,-,-,-,~E$ (including cover sheet): 2
OPJ.~INAL MAILED VIA REGULAR MAIL bEL~VERY?
MESSAGE
PLease find attached Proof of Publication for Clark Memorial Hospital Petition to Vacate Public Ways
Thank you,.
Rachele L. Cummins
209 E. Chestnut Street
JeffersonviIle, IN 47i 3'1-0098
Telephone: (812) 282-7736, Ext_ 236
Fax: (812) 284-8388
e-math mchele~smithbartlett.com
CONFZDENT~ALT-TY NOI~CI~: The m~teri~l beJng t~msmitted is private and confidential and is the pmope~ty of the sender. ~e
infarction contained in t~ mt~i~J is priviJe~d and is intended o,~ for ~e by the abov~m~ individual or entity, If you a~ not
the intended ~cipJ~t, pJ~e ~ advi~d that any unaut~rized dlsclo$a~e, ~opyi~, distributlo~ or the t~klng of a~ ~ction Jn ~elien~
on the ~ntents of this tele¢opy infarction is strictly p~oh~bited. ~f you here received this fmcsimJle tPamsmissiom in e~or. p~
~tify the sendee im~iately to ~range for the ~eturn of this material. If ~u ~rience eny problem with the ~ption of thi~
t~ission,, pl~se cell (812) 282-~36 ~ ~o~ ~ ~ssJble. ~ank ~u
BE Om COU O COUSCIL
HOSPIT~'S TO VACATE PUBLIC WAYS IN ~E~ON~LLE, IND~¢%O¥ '
PETITION TO VACATE PUBLIC WAY
Comes now The Board of Trustees of Clark MemorialHospitai, (Petitioner), by and through
it's Vice-President Fred Horlander and hereby petitions The Council of the City of Jeffersonyille,
Indiana, as follows:
That the Petitioner is the fee simple owner of the real estate in the City of
Jeffersonville, Clark County, Indiana in Blocks 115 and 114 along Spring Street,
Jeffersonville, IN 47130
That a portion of a sixty (60) foot wide street commonly known as 11~ Street and a
portion of a one hundred (100) foot wide runs street commonly known as Broadway
Street (between 10th and 1 lth Street) runs between two parcels of land owned by the
Petitioner.
That a portion of a sixty (60) foot wide street commonly known as 1 lt~ Street and a
portion of a one hundred (100) foot wide runs street commonly known as Broadway
Street (between 10th and 1 l th Street) the public way herein sought to be vacated is
located in City of Jeffersonville, State of Indiana, and described as follows to-wit:
Being a part of Broadway and Eleventh Streets in Jeffersonville, Clark County,
~diana and being further described as follows:
BEGINNING at a steel pin on the southwest comer of the Broadway and
Eleventh Street intersection, same being on the southeast comer of vacated
Eleventh Street as des~r/bed in Deed Drawer I6, Instrument 1647 of the Clark
County Records; Thence N.0°07'30"W. along the West Broad~vay Street
Right-of-Way line extended, (Basis of Bearings), passing a "Mag" nail at 30
feet, 60 feet to a steel pin on the north Right-of-Way line of Eleventh Street,
same being on a comer of the tract of land described in Deed Drawer 13,
Instrument 8743 of said County Records; Thence S.89°39'41"E. along said
Right-of-Way line and a south line o£ said tract, 73.92 feet to a steel pin on
a southeast comer of said tract; Thence N. 14°04'24"E. along a southeast line
of said tract, 50.78 feet to a steel pin on the southwest Right-of-Way line of
Spring Street, same being on a southeast comer of said tract; Thence
S.22°14'09"E. along said Right-of-Way line, 118.22 feet to a steel pin on the
south Right-of-Way line of Eleventh Street, same being on the northeast comer
of a tract of land described in computer #200204400 of said County Records;
Thence N.89°40'52"W. along said Right-of-Way line and the north line of
said tract, 30.87 feet to a steel pin on the e~t Right-of-Way line of Broadway
Street, same being on the northwest comer of said tract; Thence S.0°0T30"E.
along said Right-of-Way line and the west hne of said tract extended, passing
a steel pin at 109.8 feet, 339.3 feet; Thence S.90°W., 100 feet to the West
Right-of-Way line of Broadway Street at the southeast comer of a tract of
land described in Deed Drawer 22, Instrument 11755 of said County Records;
Thence N.0°07'30"W. along said Right-of-Way hne and the east line of
said tract extended, passing steel pins at 120.99 feet and 228.99 feet,
339.74 feet to the PLACE OF BEGINNING.
Containing 41,865 square feet or 0.961 acres, and being subject to all
easements of record.
That the best use of the public way would be to allow it to be vacated in that it is no
longer needed as a public right of way as another portion of 11 h and Broadway S~.Teet
has already been vacated and the Petitioner has acquired title to the several parcels
of real estate adjacent to said public way and desires to construct a new roadway
across its real estate.
That the vacation of the public way as described herein would not injure the
public health, safety, or morals of the community.
That it would be in the best interests of the City of Jeffersonville to gant the
petition set forth above.
That notice by certified mail is required to the following by virtue of being an
adjacent property owner:
City of Jeffersonville, Indiana
Atto: Les Merkley, City Attorney
City County Building
501 E. Court Ave.
Jeffersonville, 12'4 47130
WHEREAS, the undersigned hereby request that the Council of the City of Jeffersonville,
Indiana hold a hearing on this petition within thirty days after this petition is filed and that due notice
of the time and place of the hearing be given in accordance with I.C. 36-7-3-12 and specifically in
the manner prescribed in I.C. 5-3-1 and that after such hearing that the Council of the City of
Jeffersonville, Indiana vacate the public way described in this petition.
This day of ,2005.
The Board of Trastees of Clark Memorial
Hospital
Fred Horlander, V±ce-President
TF[[S DOCUiVfENT PP,~PARiED BY:
Ernest ~f. Smith, I.D. #I0700-I0
P~achele L. Cummins, I. D. #22323-49
Smi~, Ba~tet% Heeke, Carpmq. ter,
Thompson & Fonddsi,
209 ~. Ches{nut
P. O. Box 98
leffersonvilte, IN 47131-0098
Telephone: 282-7736
Aua.31, 2005 10:58AM
Proof of "'~:"~
OF JEFFEI~ViI.LE~
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of ~d .d~ ~. o~ [
ab~ .sa~. ~-a-W~
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STATE OF INDIANA
COUNTY OF CLARK - SS
Flo,3'724
P, 2
Selene K. Timbedake On oath says that she is the
bookkeeper of the Evening News and In the employ
of the Publisher of
THE EVENING NEWS
a dally 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
#()) ~!me$(s) to-wit: Ln issue of said Evening U~_ws
STATE OF INDIANA
COUNTY OF CLARK
Subscribed and sworn to before me this
Notary Public, Clark County, Indiana
(My Commission Expires)
BEFORE THE COMMON COUNCIL
OF THE CITY OF JEFFERSONVILLE~ INDIANA
IN THE MATTER OF THE PETITION OF
THE BOARD OF TRUSTEES OF CLARK MEMORIAL
HOSPITAL'S TO VACATE PUBLIC WAY IN JEFFERSONVILLE, INDIANA
NOTICE OF HEARING ON PETITION TO VACATE PUBLIC WAYS IN
JEFFERSONVILLE, INDIANA.
Notice is hereby given that The Board of Trustees of Clark Memorial Hospital has filed a
Petition with the Jeffersonville City Council asking for the vacation of a portion of Broadway
between 10t~ Street and 11t~ Street and a portion of 11t~ Street, located in the City of
Jeffersonville, State of Indiana, more particularly described as follows:
Being a part of Broadway and Eleventh Streets in Jeffersonville, Clark County,
Indiana and being further described as follows:
BEGINNING at a steel pin on the southwest comer of the Broadway and
Eleventh Street intersection, same being on the southeast comer of vacated
Eleventh Street as described in Deed Drawer 16, Instrument 1647 of the Clark
County Records; Thence N.0°07'30"W. along the west Broadway Street
Right-of-Way line extended, (Basis of Bearings), passing a "Mag" nail at 30
feet, 60 feet to a steel pin on the north Right-of-Way line of Eleventh Street,
same being on a comer of the tract of land described in Deed Drawer 13,
Instrument 8743 of said County Records; Thence S.89°39'41"E. along said
Right-of-Way line and a south line of said tract, 73.92 feet to a steel pin on
a southeast comer of said tract; Thence N. 14°04'24"E. along a southeast line
of said tract, 50.78 feet to a steel pin on the southwest Right-of-Way line of
Spring Street, same being on a southeast comer of said tract; Thence
S.22° 14'09"E. along said Right-of-Way line,118.22 feet to a steel pin on the
south Right-of-Way line of Eleventh Street, same being on the northeast comer
of a tract of land described in computer #200204400 of said County Records;
Thence N.89°40'52"W. along said Right-of-Way line and the north line of
said tract, 30.87 feet to a steel pin on the east Right-of-Way line of Broadway
Street, same being on the northwest comer of said tract; Thence S.0°07'30"E.
along said Right-of-Way line and the west line of said tract extended, passing
a steel pin at 109.8 feet, 339.3 feet; Thence S.90°W., 100 feet to the West
Right-of-Way line of Broadway Street at the southeast comer of a tract of
land described in Deed Drawer 22, Instrument 11755 of said County Records;
Thence N.0°07'30"W. along said Right-of-Way line and the east line of
said tract extended, passing steel pins at 120.99 feet and 228.99 feet,
339.74 feet to the PLACE OF BEGINNING.
Containing 41,865 square feet or 0.961 acres, and being subject to all
easements of record.
A public hearing will be held on the ~ dayof ~ ~r~0~- 2005 at
~. ~0 p.m. in the multi purpose heating r-~oom on the third floor ot~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.
Attorney for Petitioner:
Ernest W. Smith, I.D. #10700-10
Rachele L. Cttmmins, I. D. #22323-49
Smith, Bartlett, Heeke, Carpenter,
Thompson & Fondrisi, LLC
209 E. Chestnut Street
P. O. Box 98
Jeffersonville, IN 47131-0098
Telephone: 282-7736
Peggy Wilder
Clerk-Treasurer