I'm gonna get the clean out of the audience.

No, no, no.

I can't see them.

Mr.

President may ask it here.

Do I need to sit in the audience?

Oh yeah, it's awkward position.

I'll put her off to it.

All right, good evening.

We will call together the City of New Albany's Common Council Committee for Public Works to order our agenda tonight includes the consideration of Z 2601, an ordinance for the vacation of a public way for saying it to a petition filed by Oxbow Mixed Use LLC and reservation of permanent utility easement on uh for today's date and time.

Uh I know Mr.

Unru is the sponsor of this piece of legislation, and he is here uh as well as uh representative of the Oxbow.

So um I guess Mr.

Unreal, are you prepared to yield to uh the uh petitioner here?

Uh yes, sir, President K.

Alright, so we'll turn to you to introduce yourself and provide an overview.

Hello, my name is Jake Smith.

I appreciate you all having me in today.

Uh I'm here to present on the vacation and reservation of a permanent utility easement in favor of New Albany on behalf of Oxbow Mixed Use LLC.

I'll give you a little bit of history about how this came about.

We closed on the property last year after closing.

We had uh presented an easement to uh the city of New Albany for purposes of certain encroachments that would be in the public alleyway.

In particular, there are uh there is a dumpster enclosure at the back of the alley that is contemplated by the plans and that we had thought at the time would be proved just through an encroachment easement.

Dug a little deeper into it, and everybody decided you know, vacation is probably more appropriate here just to be able to convey the ease or the uh the alleyway back to private ownership and then um really kind of clear up any issues with encroachments on publicly dedicated right away.

So uh in the packet, uh there's a 20-foot area that would be vacated.

Now it's intentionally not the entire alleyway because we didn't believe that it would be necessary to go beyond essentially where the building and the parking lot in the back intersect.

There are two adjoining property owners comprising four parcels, uh car management company LLC and the cleaning professionals LLC, which would by in accordance with Indiana law, upon uh private transfer of the alleyway, obtain the right to half of the alleyway up to the center line.

We've got memorandums of understanding with both of the adjoiners that essentially say upon vacation of the alleyway, they consent to uh deed whatever instrument that they would need to convey ownership of their side of the alleyway to Oxbow mixed use for purposes of access and building the dumpster enclosure.

And so the appropriate notice was given by uh the council and by the clerk, and so we would just respectfully submit that the vacation of the alleyway would be approved on the condition which wasn't in our petition that Oxbo mixed use LLC would grant to the City of New Albany a permanent utility easement under the dedicated portion of the alleyway.

Okay.

Uh any quick questions on this from committee members.

You you you said deed it back to private ownership.

Was it private ownership and then went to the city government and I get it back, or was that just uh so it's publicly dedicated right now, so it's owned technically by uh New Albany.

Okay, I I thought I heard you say you was deed.

It was private ownership, and then now it's New Albany or deemed it back to private ownership.

You're right, you did hear that right.

So the adjoiners to the extent that they would by Indiana law get title to half of the alleyway as part of the dedication, they've already signed a document that says we would convey our private um rights to Oxbow mixed use, just so we could get the whole alley instead of half of it.

It's gonna be a mixed use uh apartment retail development right across the street uh this way.

Right.

And uh it's 44 apartment units, and I think the plans call for about 8,000 square feet of retail use, which would be uh just a communal workspace.

Okay.

So I just came from the parking lot looking at this, and I did not pay attention and should have, but does the alley currently connect up to the new improved alley that runs parallel to the flood wall?

It does.

So and I'm assuming that would still be the case here if if Ded over.

So in essence, a motorist, say that is living or or working at Oxpo is going to be able to enter the parking lot through through that that access.

Uh the only the only real impingement is going to be that you know it clears up these issues about the encroachment with the dumpster, and it it just clears it so that you guys are are maintaining that with the exception of utility related easements, right?

I want to make sure that I understand your question.

And so I'll I'll bring in those that just kind of shows.

But when you're talking about the new alleyway, this is the alley that goes against the flood wall.

Yep, that's what I'm talking about.

And that's publicly.

Yep.

And so if you were being a dumpster enclosure, that essentially would close access here.

Okay.

Because the dumpster enclosure is going to be there.

And so the only access is really so they can pull so the traffic can pull in from Main Street, but but it's effectively stopped because of the dumpster.

I got that that makes perfect sense to me.

And and that's what I was trying to.

I was trying to understand where the dumpster would be located at here on the site.

Um I've got I've got a picture of the plans as well that we have some money.