HomeMy WebLinkAbout2007-OR-10Ordinance No. 2007-OR-10
AN ORDINANCE ANNEXING CERTAIN REAL
ESTATE INTO THE CITY OF JEFFERSONVILLE, INDIANA
WHEREAS, this Common Council of the City of Jeffersonville, Indiana (the "Common
Council"), is the legislative body of the City of Jeffersonville, County of Clark, State of Indiana
(the "City"); and,
WHEREAS, this Common Council has determined that six (6) tracts of real estate within
Clark County, Indiana, consisting of an aggregate of approximately 7,806-acres, which tracts are
more particularly described hereinbelow (collectively, the "Annexed Territory"), and are
sufficiently contiguous to the existing boundaries of the City pursuant to the provisions of both
IC 36-4-3-1.5 and IC 36-4-3-13(c)(1); and,
WHEREAS, this Common Council has determined that each of the tracts within the
Annexed Territory statutorily qualifies for annexation under the provisions of IC 36-4-3, et seq.;
and,
WHEREAS, on March 5, 2007, this Common Council adopted a fiscal plan by
Resolution 2007-R-11 as the definite policy of the City for the provision of non-capital and
capital services to the Annexed Territory (the "Fiscal Plan") in conformity with the provisions of
IC 36-4-3-13 prior to consideration of this Ordinance; and,
WHEREAS, on March 5, 2007, this Common Council further introduced this Ordinance
and approved it on its first reading following adoption of the Fiscal Plan by resolution; and,
WHEREAS, following notice and publication in accordance with the provisions of IC 36-
4-3-2.1 and IC 36-4-3-2.2, this Common Council held a public hearing subsequent to notice in
accordance with applicable law concerning the proposed annexation that is the subject of this
Ordinance on July 5, 2007, which date was more than sixty (60) days after the date on which (i)
the Fiscal Plan was adopted by the above-referenced resolution, and (ii) this Ordinance was first
introduced; and,
WHEREAS, more than thirty (30) days, but less than sixty (60) days have passed since
the date of the public hearing on this Ordinance, to and until, the date of adoption of this
Ordinance as shown below; and,
WHEREAS, this Common Council now finds that the Annexed Territory is needed and
will be used by the City for its development and growth in the reasonably near future, and that
the annexation of the Annexed Territory into the City on the terms and conditions of 1:his
Ordinance is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF JEFFERSONVILLE, INDIANA, AS FOLLOWS:
Section 1. Description of Boundaries of Annexed Territory. The description of the tracts
of territory hereby annexed into the City, including any public highways or rights-of--way therein
or adjacent thereto, are as follows:
a. Description of Tract "A":
Being a part of Share #4 in Bowman's Partition as shown in Probate Order
Book D, Page 532 in Survey #11 of the Illinois Grant to Clark County, Indiana
and being further described as follows:
Beginning on the east corner of said Share 4, in the line dividing Surveys
# 11 and # 12, same being a corporation corner of the City of Jeffersonville;
Thence 5.54°01'40"W., along a corporation line of said city and the line dividing
Share 4 and Share 5, 1551.25 feet to a corner of said City; Thence 5.54°19'19"W.,
along said corporation line, 220.55 feet to centerline of the Jeffersonville Flood
Wall and a corner of said city; Thence northwesterly, along said centerline and a
corporation line, 1301.6 feet, to the line dividing Share 3 and Share 4 of said
partition plat and a corner of said city; Thence N.54° 17'21 "E., along a corporation
line and said dividing line, 1483.43 feet to the line dividing said Surveys #11 and
#12, a corner of said City; Thence 5.35°30'05"E., along said dividing line and
said corporation line, 1279.27 feet to THE PLACE OF BEGINNING.
Tract "A" totals approximately 45 acres. The aggregate external boundaries of the above-
described Tract "A" are approximately 5,888 lineal feet, and such aggregate external boundaries
of Tract "A" coincide entirely the existing boundaries of the City. The aggregate external
boundaries of Tract "A" are therefore 100% contiguous to the City, which percentage exceeds
the minimum one-eighth (1/8) requirement established by IC 36-4-3-1.5 and the minimum one-
fourth (1/4) requirement established by IC 36-4-3-13(c)(1).
b. Description of Tract "B":
Being a part of Surveys #4, 5, 6, 12, 13, 14, 22 and 23 of the Illinois Grant
to Clark County Indiana and being further described as follows:
Beginning at the south corner of lot #4 in the Estates of Cherokee Heights
as shown in Plat Book 11, Page 52 of said county records;
Thence N.50°E., along a corporation line of the City of Jeffersonville,
being the southeast line of said subdivision 376.01 feet to the east corner of lot #3
in said subdivision;
Thence N.40°W., along a corporation line and. a northeast line of said
subdivision, 340 feet to the south corner of Lot 32 in Cherokee Terrace, Unit 2 as
shown in Plat Book 7, Page 4 of said county records;
Thence N.50°E., along a corporation line and the northwest Right-of--Way
line of Bennett avenue, 115 feet;
Thence along a corporation line and said Right-of--Way line, 39.27 feet
along a curve to the left having a radius of 25 feet and a chord of 35.36 feet to the
southwest Right-of--Way line of Cherokee Drive;
Thence N.40°W., along a corporation line and said Right-of--Way line, 75
feet;
Thence 5.50°W., along a corporation line and the northwest line of said lot
#32, 140 feet to the northeast line of said Cherokee Heights;
Thence N.40°W., along a corporation and said northeast line, 1238.5 feet
to the west corner of Lot 74 in Cherokee Terrace, Unit 4 as shown in Plat Book 9,
Page 17 of said county records;
Thence N.50° 10' 17"E., along a corporate line and the northwest line of
said Unit 4, 334.14 feet to the west corner of Lot 80 in said Unit 4;
Thence 5.40°E., along a corporation line and the southwest line of said lot,
100 feet to the south corner of said lot 80;
Thence N.50°10'17"E., along a corporation line and the southeast line of
said Lot, 142.15 feet to the southwesterly Right-of--Way line of Pawnee Drive;
Thence N.40°W., along a corporation line, and said Right-of--Way line,
100 feet to the north corner of said ..lot;
Thence N.50°10'17"E., along a corporation line, 25 feet to the centerline
of said Pawnee Drive;
Thence N.39°58'07"W., along a corporation line, 521.42 feet;
Thence 5.50°09'03"W., along a corporation line, 167.07 feet;
Thence S.39°58'09"E., along a corporation line, 371.4 feet;
Thence S.50°l0']7"W., along a corporation line, 334.14 feet to said
northeast line of said Estates of Cherokee Heights;
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Thence N.39°58'07"W., along a corporation line and said northeast line,
850 feet, more or less, to the south corner of River Forest Subdivision as shown in
Plat Book 1 1, Page 53 of said county records;
Thence N.50°01'53"E., along a corporation line and the southeast line of
said subdivision, 668.29 feet to the east corner of said subdivision;
Thence N.39°58'07"W., along a corporation line and the northeast line of
said subdivision and said line extended, 1428.52 feet to the southernmost corner
of a tract of land described in Deed Drawer 27, Instrument 6876 of said county
records;
Thence N.60°46'E., along a corporation line and the southeast line of said
tract, 1085.61 feet to the east corner of said tract;
Thence N.40°34'45"W., along a corporation line and the northeast line of
said tract, 900 feet to the north corner of said tract;
Thence 5.39°21'06"W., along a corporation line and the northwest line of
said tract, 428.62 feet;
Thence N.40°29'46"W., along a corporation line, 506.36 feet to the
southeast Right-of--Way line of Middle Road also known as East 8th Street;
Thence 5.11 °53'43"W., along a corporation line and said right-of--Way
line, 74.67 feet;
Thence 5.17°00'50"W., along a corporation line and said Right-of--Way line,
312.05 feet to the line dividing Surveys 4 and 12;
Thence 5.54°33'49"W., along said corporation line and said dividing line,
195.68 feet to the northwest Right-of--Way line of said Middle Road;
Thence N.14°31'11 "E., along a corporation line and said Right-of--Way
line, 158.47 feet;
Thence N.16°31'01 "E., along a corporation line and said Right-of--Way
line, 928.69 feet;
Thence N.40°W., along a corporation line, 634.52 feet to the south corner
of Allison Courtyards as shown in Condo Plat Book 2, Page 5 of said county
records;
Thence N.62°33'E., along a corporation line and a line of said Allison
Courtyards, 644.93 feet to said northwest Right-of--Way line of said Middle Road;
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Thence N.9°43'25"E., along a corporation line and said Right-of--Way line,
54.01 feet;
Thence N.63°02'45"W., along a corporation line and a line of said Allison
Courtyards, 448.16 feet;
Thence N.27°26'24"W., along a corporation line and a line of said Allison
Courtyards, 564.55 feet;
Thence N.37°12'56"E., along a corporation line and a line of said Allison
Courtyards, 297.61 feet to the southwest Right-of--Way line of Allison Lane;
Thence N.40°33'10"W., along a corporation line and. said Right-of--Way
line, 940 feet, more or less, to a corner of the City of Jeffersonville;
Thence N.50°E., along a corporation line, (crossing Allison Lane) 52 feet,
more or less to the northeast Right-of--Way line of said lane;
Thence N.40°W., along a corporation line and said Right-of--Way line, 320
feet, more or less to the northwest Right-of--Way line of Seminole Drive in Indian
Hills Subdivision as shown in Plat Book 6, Page 220 of said county records;
Thence N.49°42'E., along a corporation line and the northwest line of said
Drive, 435.6 feet;
Thence N.40°W., along a corporation line, 444.57 feet to a western corner
of said Indian Hills;
Thence N.49°42'E., along a corporation line and the northwest line of said
subdivision, 1396.68 feet to the line dividing Surveys #12 and #13;
Thence N.35°33'25"W., along a corporation line, and the line dividing said
Surveys #12 and #13, 1430 feet to the west corner of said Survey #13;
Thence N.54°36'31 "E., along a corporation line and the northwest line of
said Survey 13, 53.65 feet;
Thence N.35°21'29"W., along a corporation line, 778.81 feet to the
southeast Right-of--Way line of River City Park Road;
Thence 5.81°18'34"E., along a corporation line and said Right-of--Way
line, 536.78 feet;
Thence N.54°30'30"E., along a corporation line and said Right-of--Way
line, 743.32 feet, to the line dividing Autumn Ridge Apartments & Vissing Park;
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~~ Thence 5.35°32'15"E., along a corporation line, and said dividing line,
1442.27 feet to the to the south corner of said Vissing Park;
Thence N.54°41'31 "E., along a corporation line and the line dividing Seilo
Ridge and Vissing Park, 1284.85. feet to the southwest line of Pebble Creek
Subdivision;
Thence N.35°30'30"W., along a corporation line and said southwest line,
1066.61 feet to the line dividing said Surveys #13 and #22;
Thence N.54°36'44"E., along a corporation line, said dividing line, and the
northwest line of said Pebble Creek, 293.45 feet to the common corner of Surveys
#22 and #23;
Thence N.36°32'15"W., along a corporation line and said dividing line,
2137 feet to aright-of--way line of Herb Lewis Road;
Thence 5.50°W., along a corporation line and said right-of--way line of
Herb Lewis Road, 15 feet;
Thence N.36°03'37"W., along a corporation line and the southwest right-
of-way line of said Road, 1170 feet, more or less, to the southeast Right-of--Way
line of East l Ot" Street (formerly State Highway #62);
Thence northeasterly along a corporation line and said Right-of--Way line,
1581 feet, more or less, to the southwest Right-of--Way line of the Clark Maritime
Center Railroad Spur;
Thence southeasterly and southerly along corporation lines and said Right-
of-Way lines, 8724 feet, more or less, to the west corner of a tract of land
described in Deed Drawer 19, Instrument 15017 of said county records, a corner
of said City;
Thence N.47°08'04"E., along a corporation line and the northwest line of
said tract, 206.82 feet to the north corner of said tract;
Thence 5.51°54'35"E., along a corporation line and the northeast line of
said tract, 187.5 feet to the east corner of said tract;
Thence northeasterly, along corporation lines and the centerline of Middle
Road, 883 feet, more or less, to a corner of the City of Jeffersonville;
Thence N.35°13'34"W., along a corporation line, 881.56 feet to a corner of
said City;
Thence N.54°10'26"E., along a corporation line, 938.3 feet, more or less,
to a corner of said City;
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Thence 5.35°49'34"E., along a corporation line, 508 feet, more or less, to a
corner of said City;
Thence 5.54° 10'26"W., along a corporation line, 349.8 feet to a corner of
said City;
Thence 5.35°49'34"E., along a corporation line, 96.36 feet to a corner of
said City;
Thence 5.54° 10'26"W., along a corporation line, 208.73 feet to a corner of
said City;
Thence 5.35°49'34"E., along a corporation line, 455.86 feet to a corner of
said City;
Thence 5.54°10'26"W., along a corporation line, 1338.27 feet to a corner
of said City;
Thence N.37°45'30"W., along a corporation line, 67.22 feet to the
centerline of Middle Road;
Thence southwesterly, along corporation lines and the centerline of
Middle Road, 3143 feet, more or less, to the northeast line of The Fields of
Lancassange, Section 3, as shown in Plat Book 13, Page 18 (if extended
northwesterly to the centerline of said Middle Road);
Thence 5.35°45'40"E., along said corporation line and said Section 3 and
Fields of Lancassange Section 2 in Plat Book 12, Page 53, 3142.09 feet to the east
corner of said Section 2;
Thence 5.54°28'56"W., along said corporation line and the southeast line
of said section 2, 311.9 feet to the south corner of said section 2;
Thence 5.36°01'11"E., along said corporation line, 836.89 feet to a corner
of a tract of land described in Deed Drawer 26, Instrument 8685 of said county
records;
Thence N.54°28'26"E., along said corporation line and a line of said tract,
75 feet;
Thence N.35°59'43"W., along said corporation line and a line of said tract,
142.06 feet;
Thence N.17°15'23"W., along said. corporation line and a line of said tract,
170.93 feet;
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Thence N.74°50'12"E., along said corporation line and a line of said tract,
606.63 feet;
Thence 5.73°14'39"E., along said corporation line and a line of said tract,
1403.64 feet to a corner of said tract;
Thence 5.35°58'45"E., along said corporation line and a line of said tract
and said line extended, 565 feet, more or less, to the west corner of a tract of land
described in Deed Drawer 15, Instrument 279 of said county records;
Thence N.58°27'37"E., along said corporation and the northwest line of
said tract, 438.97 feet to the centerline of Utica Pike;
Thence continuing, N.58°27'37"E., along said corporation line and the
north line of Island View Subdivision in Plat Book 7, Page 51, 591.61 feet to the
east corner of said Island View;
Thence N.53°40'05"E., along said corporation line, 291.78 feet;
Thence N.39° 19'21 "E., along said corporation line, 121.51;
Thence 5.67°07'35"E., along said corporation line, 347.31 feet;
Thence 5.85°21'56"E., along said corporation line, 346.13 feet;
Thence N.80°03'39"E., along said corporation line, 295.44 feet;
Thence 5.80°40'02"E., along said corporation line, 363.82 feet;
Thence N.31°03'07"E., along said. corporation line, 222.95 feet;
Thence 5.54°24'19"E., along said corporation line, 350 feet, more or less,
to a point100 feet northwest ofthe line dividing the State of Indiana and the
Commonwealth of Kentucky;
Thence along said corporation line, southwesterly and parallel with said
dividing line 12,275 feet, more or less to a corner of said City;
Thence N.35°55'12"W., along a corporation line, 1172 feet, more or less,
to THE TRUE PLACE OF BEGINNING.
Tract "B" totals approximately 2,169 acres. The aggregate external boundaries of the above-
described Tract "B" are approximately 76,861 lineal feet, and such aggregate external boundaries
of Tract "B" coincide entirely with the existing boundaries of the City. The aggregate external
boundaries of Tract "B" are therefore 100% contiguous to the City, which percentage exceeds
the minimum one-eighth (1/8) requirement established by IC 36-4-3-1.5 and the minimum one-
fourth (1/4) requirement established by IC 36-4-3-13(c)(1).
c. Description of Tract "C":
Being a part of Surveys #14, 15, 16, 23, 24, 25, 35, 36, 37 and 38 of the
Illinois Grant to Clark County, Indiana and being further described as follows:
Beginning at the north corner of said Survey # 14;
Thence 5.54°28'07"W., along a corporation line of the City of
Jeffersonville, being the line dividing Surveys #14 and #24, 216.75 feet to the
southwest Right-of--Way line of Utica-Sellersburg Road;
Thence N.34°32'51 "W., along a corporation line of .said City being said
southwest Right-of--Way line, 1925.13 feet;
Thence 5.54°34'09"W., along a corporation line of said City, 613.79 feet;
Thence N.34°54'20"W., along a corporation line, 202.51 feet;
Thence 5.54°32'21"W., along a corporation line, 2038.82 feet to the
northeast Right-of--Way line of the Clark Maritime Center Railroad Spur Track;
Thence northwesterly, along corporation lines and railroad Right-of--Way
lines, 412 feet, more or less, to a corner of said City by ordinance #98-or-39;
Thence northeasterly, along a corporation line, 150 feet, more or less, to
the northeast Right-of--Way line of Port Road;
Thence northwesterly, along a corporation line and said northeast Right-
of-Way line, 2355 feet, more or less, to the southeast Right-of--Way line of State
Highway 62;
Thence northeasterly along a corporation line and said southeast Right-of-
Way line, 680 feet;
Thence Northwesterly, along a corporation line, 1356.26 feet to the
northwest Right-of--Way line of the CSX Railroad;
Thence N.19°58'54"E., along a corporation line and said northwest Right-
of-Way line, 3481.37 feet to the southwest Right-of--Way line of Utica-
Sellersburg Road;
Thence southeasterly along a corporation line, and said Right-of--Way line;
540 feet, more or less, to the northwest Right-of--Way line of said State Highway
62;
.Thence northeasterly along a corporation line and said northwest right-of-
Way line, 2700 feet, more or less;
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Thence southeasterly along a corporation line, crossing said Highway 62,
150 feet, more or less to the west corner of the Army Ammunition Plant perimeter
fence;
Thence southerly, southeasterly,. northeasterly and southeasterly., along
corporation lines, and said perimeter fence, 12,500 feet, more or less, to the line
dividing Surveys #17 and #25;
Thence leaving said corporation line, southwesterly, along said dividing
line, and the line dividing Surveys #16 and 25, 1800 feet, more or less to the
southwest Right-of--Way line of Old Salem Road;
Thence 5.14°18'24"E., along said southwest Right-of--Way line, 838 feet,
more or less to an angle point in said Road Right-of--Way line;
Thence S.16°03'24"E., along said Right-of--Way line, 414 feet, more or
less, to the northwest line of a tract of land described in Deed Drawer 15,
Instrument 8478 of said County Records;
Thence southwesterly, along said northwest line and the northwest line of
a tract of land described in Deed Drawer 8, Instrument 3349, 675 feet, more or
less, to a steel pin on the west corner of said last mentioned tract;
Thence 5.36°29'05"E., along the southwest line of said tract described in
Deed Drawer 8, Instrument 3349 and the southwest line of a tract of land
described in Deed Drawer 28, Instrument 14463, 860 feet to a stone on the south
corner of said last mentioned tract;
Thence 5.36°51'49"E., 632.52 feet to an iron pipe on the north corner of
Deed Drawer 22, Instrument 11,100;
Thence 5.54°24'31 "W., along the northwest. line of said tract, 1665.89 feet
to a steel pin on the line dividing Surveys #IS and #16;
Thence N.35°17'40"W., along said dividing line, 309.6 feet to a steel pin
on the north corner of a tract of land described in Deed Drawer 20, Instrument
6882, being also the east corner of a tract of land described in Deed Drawer 28,
Instrument 1405;
Thence 5.49°43'47"W., along the line dividing said tracts, 1874.09 feet to
the centerline of Utica-Sellersburg Road, being a corporation line of said City;
Thence N.39°W.; along a corporation line and said centerline, 580 feet,
more or less, to a corner of said City;
Thence 5.50°W., along a corporation line, and partially along another
centerline of said Utica-Sellersburg Road, 374.71 feet;
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Thence southwesterly, along corporation lines and said centerline, 418.3
feet;
Thence 5.51°0733"W., along a corporation line and said centerline, 1177
feet, more or less, to the southwest Right-of--Way line of said Utica-Sellersburg
Road (where it turns to the northwest);
Thence N.35°23'01 "W., along a corporation line, and said Right-of--Way
line, 1689 feet, more or less, to the southeast line of Creaghton Cove as shown in
Plat Book 13, Page 24 of said County records;
Thence N.54°35'43"E., along a corporation line, and said southeast line,
15 feet, more or less, to the line dividing Surveys #14 and #15, being the
centerline of said Utica-Sellersburg Road;
Thence N.35°27'23"W., along a corporation line, said dividing line and
said centerline, 264 feet to THE PLACE OF BEGINNING.
Tract "C" totals approximately 1,770 acres. The aggregate external boundaries of the above-
described Tract "C" are 42,915 lineal feet, and such aggregate external boundaries of Tract "C"
coincide with approximately 33,903 lineal feet of the existing boundaries of the City. The
aggregate external boundaries of Tract "C" are therefore approximately 79% contiguous to the
City, which percentage exceeds the minimum one-eighth (]/8) requirement of IC 36-4-3-1.5 and
the minimum one-fourth (1/4) requirement established by IC 36-4-3-13(c)(1).
d. Description of Tract "D":
Being a part of Surveys 33, 34, 35, 36, 37, 47, 48, 49, 50, 5 ], 67, 68, 69,
91, and 92 of the Illinois Grant to Clark County, Indiana and being further
described as follows:
Beginning at the common corner of said Surveys 69, 70, 91, and 92;
Thence 5.50°08'53"W., along the line dividing Surveys 69 and 91, 15 feet
to the southwest Right-of--Way line of Salem-Noble Road;
Thence S36°44'52"E., along Right-of--Way line, 4200.55 feet, to the east
corner of a tract of land described in Deed Drawer 5, Instrument 1941;
Thence 5.53°41'04"W., along the southeast line of said tract, 1761 feet,
more or less, to a steel pin on the north corner of a tract of land described in Deed
Drawer 22, Instrument 6821 of said county records;
Thence 5.36°22'11"E., along the northeast line of said tract, 849 feet to a
steel pin;
Thence N.53°37'49"E., 121.45 feet to a steel pin;
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Thence 5.43°29'05"E., 97.73 feet to a steel pin on the line dividing
Surveys #51 and 69;
Thence 5.51 ° 15'26"E., 489.72 feet to a steel pin;
Thence N.87°56'E., 269.31 feet to a steel pin;
Thence 5.36°22' 11 "E., 1515.5 feet to the northwest Right-of--Way line of
Charlestown Pike (formerly Jeffersonville-Charlestown Pike);
Thence N.47°30'21 "E., along said Right-of--Way line, 451 feet to a point
in the northeast line of Lots 70 and, 71 in Windy Pines as shown in Plat Book 12,
page 34 of said county records if said northeast line was extended northwesterly
to said northwest Right-of--Way line of Charlestown Pike;
Thence 5.42°27'41 "E., 284 feet to the east corner of said Lot 70;
Thence N.47°45'22"E., along a line of said subdivision, 200.14 feet to a
corner of said subdivision;
Thence 5.45°41'25"E., along a line of said subdivision, 283.04 feet to a
corner of said subdivision;
Thence N.47°25'33"E., along a line of said subdivision, 3.72 feet to a
corner of said subdivision; %
Thence 5.44°13'58"E., along a line of said subdivision, 184.63 feet to a
corner of said subdivision;
Thence 5.48°44'55"W, along a line of said subdivision, 72.99 feet to a
corner of said subdivision;
Thence 5.37°03'05"E., along a line of said subdivision, 189.25 feet to a
corner of said subdivision;
Thence 5.37°35'14"E, along a line of said subdivision, 97 feet to a corner
of said subdivision;
Thence 5.48°36'24"W., along a line of said subdivision, 4 feet to a corner
of said subdivision;
Thence 5.41°12'35"E., along a line of said subdivision 98 feet to a corner
of said subdivision;
Thence 5.42°36'05"E., along a line of said subdivision, 208.14 feet to a
corner of said subdivision;
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Thence 5.48°19'49"W., 927.1 feet to the north corner of Windy Pines
Subdivision Unit 3 as shown in Plat, Book 13, Page 52 of said county records;
Thence 5.33°38'06"E., along a line of said subdivision, 450.63 feet to a
corner of said subdivision;
Thence 5.56°30'07"W., along a line of said subdivision 134.7 feet to a
corner of said subdivision;
Thence 5.33°29'42"E., along a line of said subdivision, 191.41 feet to a
corner of said subdivision;
Thence N.56°23'11"E., along a line of said subdivision, 133.4 feet to a
corner of said subdivision;
Thence 5.33°38'08"E., along a line of said subdivision and said line
extended, 800 feet, more or less, to the southeast Right-of--Way line of State
Highway 62 being a corporation line of the City of Jeffersonville;
Thence southwesterly along a corporation line and said Right-of--Way line,
3550 feet, more or less, to a point on the northwest line of the U.S. Military
Reservation Indiana Army Ammunition Plant;
Thence northwesterly, along a corporation line, 400 feet, more or less, to
the southeast Right-of--Way line of Shungate Road;
Thence southwesterly along a corporation line and said Right-of--Way line,
2400 feet, more or less, to the northeast line of a tract of land Described in Deed
Drawer 16, Instrument 12,536 if said line were extended. southeasterly to said
Right-of--Way line;
Thence northwesterly along a corporation line and. said northeast line and
its' extension, 512 feet, more or less, to the southeast line Right-of--Way line of
the Southern Indiana Railroad;
Thence southwesterly along a corporation line and said Right-of--Way line,
672 feet, more or less to the centerline of Utica-Sellersburg Road;
Thence southwesterly and northwesterly along a corporation line and said
railroad Right-of--Way line, 2050 feet, -nore or less, to the southeast Right-of--Way
line of Charlestown Pike;
Thence southwesterly along a corporation line and said Right-of--Way line,
5250 feet, more or less, to a corner of said City;
Thence N.36°17'27"W., along a corporation line, 430 feet, more or less, to
a corner of said City by Ordinance. #2004-OR-6;
13
Thence N.51°14'48"W., along a corporation line, 343.36 feet to the
southeast Right-of--Way line of Jeffersonville Limited;
Thence 5.44°09'22"W., along a corporation line, and said Right-of--Way
line, 1434.91 feet;
Thence N.40°30'W., along corporation line, 110 feet, more or less, to the
south corner of Meadow Springs Subdivision as shown in Plat Book 11, Page 32
of said county records;
Thence N.44°09'22"E., along a corporation line, and the southeast line of
said subdivision, 589.03 feet to the east corner of said subdivision;
Thence N.40°30'W., along a corporation line and the northeast line of said
subdivision, 1023.91 feet to the north corner of said subdivision;
Thence 5.50°38'47"W., along a corporation line and the northwest line of
said subdivision, 580.12 feet to the line dividing said Surveys 34 and 35, and the
east line of The Meadows, Unit 6 as shown in Plat Book 9, Page 22 of said county
records;
Thence N.35°17'47"W., along a corporation line being said east line, 590
feet, more or less to the north corner of said Unit 6;
Thence 5.54°57'02"W., along a corporation line; being the northwest line
of said Meadows subdivision, 3450 feet, more or less to a corner or said city by
ordinance #92-or-52;
Thence N.34°32'41 "W., along a corporation line and the northeast line of
the YMCA tract, 447.78 feet;
Thence 5.36°32'35"W., along a corporation line, 147.15 feet;
Thence 186.76 feet along said Right-of--Way line on a 950.36 foot radius
curve to the right being subtended by a chord bearing S. 47°56'01 "E, l 86.76 feet;
Thence 5.52°36'01 "W., along a corporation line, 213.5 feet;
Thence 5.54°48'11"W., along a corporation line, 645.44 feet to the west
Right-of--Way line of Hamburg Pike Thence N.15'38'09"W., along said Right-of-
Way line, and a corporation line, 559.05 feet;
Thence 5.63°04'10"W., along a corporation line, 357.81 feet;
Thence N.15°59'50"W., along a corporation line, 118.15 feet;
14
Thence 5.43°05'14"W., along a corporation line, 345.72 feet;
Thence S.0°59'57"E., along a corporation line, 703.09 feet;
Thence N.73°33'42"W., along a corporation line, 643.45 feet to a point
100 feet east of the east right-of--way line of the Conrail Railroad;
Thence Northerly, parallel to said railroad, 500 feet, more or less, to the
former line between George Pfister and Marvin Crum, (being 365 feet, more or
less, south of the south Right-of--Way line of Coopers Lane formerly Potters
Lane);
Thence Westerly, along a corporation line 75 feet;
Thence Northerly, along a corporation line, parallel to said railroad, 3700
feet, more or less; to a corner of said City by ordinance #70-or-18;
Thence Easterly, along a corporation line, 75 feet to a point in Lot 14 in
Cementville as shown in Plat Book.. 3, Page 73 of said county records;
Thence Northerly, parallel to said railroad, 4239 feet, more or less, to the
centerline of Silver Creek;
Thence following said centerline, upstream in a generally northeasterly
direction, 31,324 feet, more or less, to the northwest line of Skyline Acres,
Section 3, if said line were extended southwesterly to said centerline;
Thence N.55°24'17"E., along the northwest line of said subdivision and
its' extension 2113 feet, more or less, to the southwest Right-of--Way line of
.Salem-Noble Road;
Thence 5.35°00'43"E., along said Right-of--Way line, 970 feet, more or
less, to the north line of Whispering Oaks Subdivision, Section 1, as shown in Plat
Book 11, Page 69 of said county records, if said line were extended southwesterly
to said southwest Right-of--Way line of Salem-Noble Road;
Thence N.50°10'52"E., along the northwest line of said subdivision and
its' extension, 926 feet to a corner of said subdivision;
Thence N.44°59'01 "W., along the west line of Lot 83 in said subdivision
and the west line of Lot 141 in Whispering Oaks subdivision, Section 2 as shown
in Plat Book 12, Page 68 of said county records, 264.26 feet to a corner of said
Section 2;
Thence N.50°10'08"E., along the northwest line of said Section 2, 1478.13
feet to the north corner of said Section 2;
15
Thence 5.39°53'42"E., along a northeast line of said subdivision, 981.32
feet;
Thence 5.41°18'32"E., along a line of said subdivision, 484.38 feet to the
line dividing said Surveys 70 and 92;
Thence 5.50°08'53"W., along said dividing line, 2375.75 feet to THE
TRUE PLACE OF BEGINNING.
Tract "D" totals approximately 3,562 acres. The aggregate external boundaries of the above-
described Tract "D" are approximately 91,416 lineal feet, and such aggregate external
boundaries of Tract "D" coincide with,, approximately 34,738 lineal feet of the existing
boundaries of the City. The aggregate external boundaries of Tract "D" are therefore
approximately 38% contiguous to the City, which percentage exceeds the minimum one-eighth
(1/8) requirement established by IC 36-4-3-1.5 and the minimum one-fourth (1/4) requirement
established by IC 36-4-3-13(c)(1).
e. Description of Tract "E":
Being a part of Surveys 53 and 71 of the Illinois Grant to Clark County,
Indiana and being further described as follows:
Beginning at the southernmost corner of Falcon Crest Subdivision as
shown in Plat Book 13, Page 8 of the Clark County, Indiana Records;
Thence N.36°28'36"W., along the southwest line of said subdivision,
1320.85 feet to a western corner of said subdivision;
Thence N.54°47'20"E., along a line of said subdivision, 293.29 feet to a
corner of said subdivision;
Thence N.36°21' 11 "W., along a line of said subdivision, 148.45 feet to a
corner of said subdivision;
Thence N.53°48'15"E., along a line of said subdivision, 868.63 feet to the
northernmost corner of said subdivision;
Thence 5.46°49'24"E., along a line of said subdivision, 345.7 feet to the
southeast Right-of--Way line of Falcon Drive;
Thence along said Right-of--Way line 43.77 feet on the arc of a 345.7 foot
radius curve to the left (concave northwesterly) being subtended by a chord
bearing N.39°32'59"E., 43.74 feet to the northern most corner of Lot 47 in said
subdivision;
Thence 5.54°04'38"E., along a line of said subdivision and said line
extended, 390 feet, more or less, to the southeast Right-of--Way line of the C.S.X.
Railroad;
16
Thence N.22°09'08"E., along said Right-of--Way line, 780 feet, more or
less to the north corner of a tract of land described in Instrument #20040498 of
said County records;
Thence 5.67°50'48"E., along the northeast line of said tract, and said line
extended, 1000 feet, more or less, to the southeast Right-of--Way line of State
Highway 62 being also the corporation line of the City of Jeffersonville;
Thence Southwesterly along said corporation line and said. Right-of--Way
line 4500 feet, more or less, to the northeast Right-of--Way line of Stacy Road, if
extended southeasterly to said southeast Right-of--Way line of State Highway 62;
Thence N.36°04'W., along said Right-of--Way line and its' extension, 1250
feet, more or less, to the southeast Right-of--Way line of said railroad;
Thence N.22°09'08"E., along said Right-of--Way line, 1450 feet, more or
less, to the southwest line of ,said Falcon Crest subdivision if extended
southeasterly to the southeast Right-of--Way line of said Railroad;
Thence N.36°28'36"W., along said extended line, 80 feet, more or less, to
THE PLACE OF BEGINNING.
Tract "E" totals approximately 160 acres. The aggregate external boundaries of the .above-
described Tract "E" are approximately 12,565 lineal feet, and such aggregate external boundaries
of Tract "E" coincide with. approximately 4,523 lineal feet of the existing boundaries of the City.
The aggregate external boundaries of Tract "E" are therefore approximately 36% contiguous to
the City, which percentage exceeds the minimum one-eighth (1/8) requirement established by IC
36-4-3-1.5 and the minimum one-fourth (1/4) requirement established by IC 36-4-3-13(c)(1}.
f. Description of Tract "F":
Being a part of Surveys #22 and #35 of the Illinois Grant to Clark County,
Indiana and being further described as follows:
Beginning at the south corner of said Survey #35 being on the Corporation
Line of the City of Jeffersonville;
Thence N.34°55'27"W., along a corporation line of said City being the line
dividing Surveys #34 and #35, 28.03 feet to the northwest Right-of--Way line of
Charlestown Pike;
Thence N.55°29'42"E., along said Right-of--Way line and a corporation
line, 223.45 feet;
Thence N.77°52'03"E., along said Right-of--Way line, and a corporation
line 31.9 feet;
17
Thence 5.46°43' 14"E., along a corporation line, 21.28 feet to the
centerline of Charlestown Pike;
Thence northeasterly, along said centerline and a corporation line, 1661
feet, more or less, to the south corner of a tract of land described in Computer
#200310160 of said county records;
Thence 5.36°17'27"E., crossing said pike, 20 feet, more or less, to the
southeast Right-of--Way line of said pike;
Thence southwesterly along said Right-of--Way line and a corporation line,
1350 feet, more or less to a north line of Landsburg Cove, Section 5 as shown in
Plat Book 12, Page 16 of said county records;
Thence 5.70°58'40"E., along the northeast line of said Section 5, and a
corporation line, 256.99 feet, more or less,
Thence N.56°25'23"E., along a corporation line, 581.45 feet;
Thence N.34°49'27"W., along a corporation line, 11.03 feet to the south
corner of Landsburg Cove, Section 1, as shown in Plat Book 10, Page 82 of said
county records;
Thence N.55°41'52"E., along a corporation line and the southeast line of
said Section 1, 586.23 feet to the south corner of Landsburg Cove, Section 2 as
shown in Plat Book 10, Page 83 of said county records;
Thence N.55°41'52"E., along a corporation line, 380 feet to the southwest
line of Landsburg Cove, Section 4 as shown in Plat Book 11, Page 54 of said
county records;
Thence 5.33°02'34"E., along a corporation line and. said southwest line,
(passing the south corner of said section 4 at 754.23 feet) 826.3 feet to the
southeast right-of--way line of the former CSX Railroad;
Thence 5.23° 12'31 "W., along a corporation line and said Right-of--Way
line, 2885 feet, more or less, to a corner of said City by ordinance #95-OR-38;
Thence 5.51°W., along a corporation line, 224.33 feet;
Thence N.45°52'W., along a corporation line, 241.69 feet;
Thence N.22°35'08"W., along a corporation line, 52.12 feet;
Thence N.40°W., along a corporation line, 235 feet;
Thence N.28°1TE., along a corporation line, 435.54 feet;
18
Thence N.71°38'30"W., along a corporation line, 129.6 feet to the
southeast Right-of--Way line of Hammons Lane;
Thence N.10°59'15" W., along a corporation line, 57.36 feet to the
northwest Right-of--Way line of said lane;
Thence N.40°W., along a Corporation line 270 feet;
Thence 5.49°40'W., along said corporation line and the northwest line of
said tract, 350 feet;
Thence N.40°W., along a corporation line, 1210 feet, more or less, to the
original northwest Right-of--Way line of Charlestown Pike;
Thence N.38°57'30"W., along a corporation line, and said Right-of--Way
line, 400 feet, more or less, to the line dividing said Surveys #22 and #35;
Thence 5.50°1740"W., along a corporation line and said dividing line,
200 feet, more or less, to THE PLACE OF BEGINNING.
Tract "F" totals approximately 100 acres. The aggregate external boundaries of the above-
described Tract "F" are approximately 11,812 lineal feet, and such aggregate external boundaries
of Tract "F" coincide with approximately 11,788 lineal feet of the existing boundaries of the
City. The aggregate external boundaries of Tract "F" are therefore approximately 99.8%
contiguous to the City, which percentage exceeds the minimum one-eighth (1/8) requirement
established by IC 36-4-3-1.5 and the minimum one-fourth (1/4) requirement established by IC
36-4-3-13(c)(1).
The map prepared by David R. Blankenbeker, L.S., attached hereto as Exhibit "A" through "F",
the originals of which are on file in the office of the Clerk-Treasurer, further depict the above
described tracts within the Annexation Territory, and are incorporated herein by reference.
The entirety of the Annexed Territory totals approximately 7,806 acres. The aggregate external
boundaries of the entirety of the Annexed Territory are approximately 241,457 lineal feet, and
such aggregate external boundaries of the entirety of the Annexed Territory coincides with
approximately 167,701 lineal feet of the existing boundaries of the City. The aggregate external
boundaries of the entirety of the Annexed, Territory are therefore approximately 69% contiguous
to the City, which percentage exceeds both the minimum one-eighth (1/8) requirement
established by IC 36-4-3-1.5 and the minimum one-fourth (1/4) requirement established by IC
36-4-3-13(c)(1).
Section 2. Description of Special Terms and Conditions. Pursuant to the provisions of IC
36-4-3-8, the following special terms and conditions that are intended to make the annexation
effected hereby equitable to the property owners and residents of the City as well as those in the
Annexed Territory are hereby adopted:
19
a. The effective date of the annexation enacted liy this Ordinance shall be postponed
until midnight on December 31, 2007 (i.e., starting on January I, 2008).
b. The rendering of needed services to the Annexed Territory shall be pursuant to
the provisions of the Fiscal Plan previously adopted by resolution of this Common Council.
c. This Common Council has determined upon reasonable inquiry that (i) the
resident population density of the aggregate of the Annexed Territory is less than three (3)
persons per acre, and/or (ii) the aggregate of the Annexed Territory is not subdivided or is
parceled through separate ownerships into lots or parcels such that at least sixty percent (60%) of
the total number of lots and parcels are less than one (1) acre, and the provisions of IC 36-4-3-
8(c) are accordingly inapplicable to this Ordinance and the Annexed Territory.
Section 3. Description of Proptery Tax Abatements within Annexed Territory. No
property tax abatements pursuant to the provisions of IC 36-4-3-8.5 wrthm the Annexed
Territory are adopted within this Ordinance as to any property within the Annexed Territory..
Section 4. Assignment of Annexed Territory to Municipal Legislative District. Pursuant
to the provisions of IC 36-4-3-4(g), the Annexed Area shall be divided and assigned according to
existing Township Precincts into the following Council Districts of the City:
Existing Township and Precinct #
Jeffersonville - 20
Jeffersonville - 21
Jeffersonville - 22
Jeffersonville - 23
Jeffersonville - 24
Jeffersonville - 25
Utica - 2
Utica - 3
Utica - 4
Charlestown - 7
City Council District After Annexation
3`d District
3`d District
3rd District
4t" District
5`" District
2nd District
4t" District
2nd District
2nd District
2nd DtStrlct
The ordinance .defining Council Districts within the City shall automatically be deemed as
amended as of the effective date of the annexation effected by this Ordinance the changes set
forth above.
Section 5. Zoning Classifications of Properties within the Annexed Territ_o~. Upon the
effective date of the annexation effected by this Ordinance, all properties wrthm the Annexed
Territory shall be classified for zoning purposes in accordance with the provisions of Section
I(D) of the Fiscal Plan, including without limitation the tables and maps incorporated therein by
reference, but excepting the amendments to such tables and maps listed in Appendix "A"
attached hereto and incorporated herein. The City Zoning Map shall be amended as of the
effective date of this Ordinance to reflect such zoning classifications of properties within the
Annexed Territory. Any use existing within the Annexation Territory on the effective date of
this Ordinance that was fully in compliance with the applicable Clark County zoning
requirements in effect prior to the effective date of this Ordinance, but which is not in
20
compliance with the requirements of the applicable new zoning classification under the
provisions of the Jeffersonville Zoning Ordinance, including without limitation any agricultural
use, shall be permitted to continue as anon-conforming use to the extent and scope that such use
existed as of the effective date of this Ordinance and. in accordance with the provisions of the
Jeffersonville Zoning Code and Indiana law generally (as the same may be amended from time-
to-time) pertaining to such non-conforming uses.
Section 6. Fire Protection Districts. ,This Common Council has determined upon diligent
inquiry to the Clark County Auditor that as of the date of the adoption of this Ordinance, (a) all
properties within the Annexed Area located in Utica .Township are presently within the Utica
Township Fire District, and (b) all properties within the Annexed Area that are located in
Charlestown Township are presently within the Charlestown Fire Protection District. Pursuant
to the provisions of IC 36-4-3-7(e), the City shall be liable for and shall pay the indebtedness of
the Utica Township Fire District and the Charlestown Fire Protection District in the same ratio
that the assessed valuation of the property in the Annexed Territory that is within each such fire
protection district bears to the assessed valuation of all property in each such fire protection
district as shown by the most recent assessment before the annexation. The City shall make such
payments of principal and interest on such indebtedness to .the board. of fire trustees of the
applicable fire district as such obligations come due following the effective date that the City
assumes responsibility for fire protection service (such date being January 1, 2009).
Section 7. No Township Debt. This Common Council has determined upon diligent inquiry
to the Jeffersonville Township Trustee, the Utica Township Trustee, and the Charlestown
Township Trustee, respectively, that as of the date of the adoption of this Ordinance, no debt has
been issued or exists within any of such townships. Pursuant to the provisions of IC 36-4-3-10,
and if as of the effective date of this Ordinance any of the townships from which the City has
annexed territory is indebted or has outstanding unpaid bonds or other obligations, the City shall
be liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the
property in the Annexed Territory bears to the assessed valuation of all property in the respective
township, as shown by the most recent assessment for taxation before the annexation, unless the
assessed property within the City is already liable for the indebtedness. The .City shall pay its
indebtedness under this section, if any, to the applicable township executive. If the indebtedness
consists of outstanding unpaid bonds or notes of the township, the payments to the executive
shall be made as the principal or interest on the bonds or notes becomes due.
Section 8. Displacement of Other Governmental Unit Employees. It is not anticipated
that this annexation will result in the elimination of jobs for any employees of other
governmental units. However, in the event that any such jobs are eliminated, the City personnel
director is hereby directed to assist any such displaced employees in obtaining, new employment,
but nothing herein shall require the City to provide employment for any such displaced
employees.
Section 9. Effective Date of Annexation; Publication. The annexation enacted by this
Ordinance shall take effect, except to the extent that applicable Indiana law may mandate a
different date, at 12:00 midnight on December 31, 2007 (i.e., starting on January 1, 2008), and
the Annexed Territory shall be and become a part of the City as of such date. Promptly after
adoption of this Ordinance, the Clerk-Treasurer shall publish this Ordinance and notice of its
21
adoption in the manner prescribed by IC 5-3-1, which publication shall occur not less than ninety
(90) days prior to the effective date of the annexation effected by this Ordinance.
Section 10. Certification of Ordinance; Effect. Promptly after adoption of this Ordinance,
the Clerk-Treasurer shall certify a copy of this Ordinance as being true and correct in all
respects. Pursuant to the provisions of IC 36-4-3-6, such certified copy of this Ordinance shall
serve as conclusive evidence of the corporate boundaries of the City in any subsequent
proceeding, including without limitation, with respect to any issue that the territory described in
this Ordinance was properly annexed and is a part of the City.
Section 11. Clerk-Treasurer to File Copies of Ordinance. Pursuant to the provisions of IC
36-4-3-7 and IC 36-4-3-22, the Clerk-Treasurer shall do the following:
a. Within ten (10) days after the adoption of this Ordinance, send written notice to
the Utica Township Fire District and the Charlestown Fire Protection District by its board of fire
trustees that the City shall begin to provide fire protection to the portion the Annexed Territory
that is located within such district on January 1, 2009, in the absence of remonstrance or appeal
under the provisions of IC 36-4-3-11 or IC, 36-4-3-15.5.
b. In the event that a remonstrance or appeal of this Ordinance is not filed during the
period permitted under applicable Indianalaw, file a certified copy of the Ordinance with (i) the
Clark County Auditor, (ii) the Clerk of the Clark Circuit Court, (ii) the Clark County Board of
Voter Registration, (iv) the office of the Indiana Secretary of State, and (v) the office of census
data established by IC 2-5-1.1-12.2. The Clerk-Treasurer. shall further provide a sufficient
number of copies of the Ordinance to th,e Clark County Auditor to enable the Clark County
Auditor to .forward copies and provide .notification of the effective date of the annexation
effected by this Ordinance pursuant to the provisions of IC 36-4-3-22(d) to each of the
following: (1) the Clark County Highway Department, (2) the Clark County Surveyor, (3) the
Clark County Plan Commission, (4) the Clark County Sheriff, (5) the Jeffersonville Township
Trustee, (6) the Utica Township Trustee, (7) the office of the Indiana Secretary of State, and (8)
the office of census data established by IC 2-5-1.1-12.2.
c. In the event that a remonstrance or appeal of this Ordinance is timely filed, but
this Ordinance is sustained following judicial review, a certified copy of the judgment ordering
annexation in accordance with this Ordinance with (i) the Clark County Auditor, (ii} the Clerk of
the Clark Circuit Court, (ii) the Clark County Board of Voter Registration, (iv) the office of the
Indiana Secretary of State, and (v) the office of census data established by IC 2-5-1.1-12.2. The
Clerk-Treasurer shall further provide a sufficient number of copies of the judgment to the Clark
County Auditor to enable the Clark County Auditor to forward copies and provide notification of
the effective date of the annexation effected by this Ordinance pursuant to the provisions of IC
36-4-3-22(d) to each of the following: (1) the Clark County Highway Department, (2) the Clark
County Surveyor, (3) the Clark County Plan Commission, (4) the Clark County Sheriff, (6) the
Utica Township Trustee, (7) the office of the Indiana Secretary of State, and (8) the office of
census data established by IC 2-5-1.1-122..
d. Record a certified copy of this Ordinance in the office of the Clark .County
Recorder.
22
e. The filings and recordings required by this Section I 1 shall be accomplished no
later than ninety (90) days after (i) the expiration of the period permitted for a remonstrance or
appeal, or (ii) the delivery of a certified order under the provisions of IC 36-4-3-15. However,
the failure to record this Ordinance as provided by IC 36-4-3-22(a)(2) shall not invalidate this
Ordinance.
Section 12. Separate Annexations. Each of the tracts .described in Section 1 above are
separate annexations that are subject to separate remonstrance, appeal, or other claim for judicial
review in accordance with the applicable provisions of Indiana law; and the annexation of such
tracts are combined in this single Ordinance for administrative and legislative economy.
Section 13. Partial Invalidity; Severability. In the event that a portion, but less than all; of
the provisions of this Ordinance and/or annexations effected by this Ordinance are deemed to be
invalid or unenforceable by the final, non'-appealable order of a court of competent jurisdiction,
such provisions shall be stricken from the text. of this Ordinance, but the remaining provisions
following such determination and striking shall remain in full force and effect notwithstanding
such partial invalidity and striking.
Section 14. Adoption of Ordinance; Effective Date. This Ordinance shall be in full force
and effect from the later of (a) the date of its passage and adoption by this Common Council, (b)
the date of its approval by the Mayor in accordance with the provisions of IC 36-4-6-14 or the
date on which any veto by the Mayor is overridden by this Common Council in accordance with
the provisions of IC 36-4-6-16, or (c) any later date specified by applicable Indiana law.
SO ORDAINED by this Common Council this (,P?~ day of August, 2007.
r
_~
Attest: ~- ~(~----~----
Peggy Wi ,Clerk-Treasurer
23
CERTIFICATE OF PRESENTATION TO MAYOR
The undersigned. hereby certifies that on the(,_~~ day of -~ , 2007,
the above Resolution was PRESENTED by me, as the duly elected Clerl Treasurer of the City
of Jeffersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana.
Peggy Wilder, Clerk-Treasurer
APPROVAL OR VETO BY MAYOR
The undersigned, as of this day of , 2007, and as the
duly elected Mayor of the City of Jeffersonville, Indiana, hereby takes the hereinbelow described
action regarding the above Ordinance as .authorized by the provisions of IC 36-4-6-16 and as
evidenced by my signature affixed below (check below as appropriate):
I hereby APPROVE this Ordinance, which approval was entered within ten (10)
days after its presentation by the Clerk-Treasurer to me.
I hereby VETO this Ordinance, which veto was entered within ten (]0) days after
its presentation by the Clerk-Treasurer tome. The reason(s) for this veto are as follows (attach
additional sheets for explanation as necessary):
Note: In the event that no action is taken by the Mayor to either approve or veto this Ordinance
within ten (10) days after its presentation by the Clerk-Treasurer, then this Ordinance
shall be deemed as vetoed pursuant to operation of law. The Clerk-Treasurer shall
promptly report any such veto to the Common Council of the City of Jeffersonville,
Indiana, by not later than its next regular or special meeting following expiration of such
period express approval or veto of this Ordinance by the Mayor.
ROBERT L. WAIZ, Mayor of the
City of Jeffersonville, Indiana
Attest:
Peggy Wilder, Clerk-Treasurer
24
CERTIFICATE OF OVERRIDE OF MAYOR'S VETO
The undersigned, as the duly appointed President of the Common Council of the City of
Jeffersonville, Indiana, hereby certifies that on the ~-o•~` day of ~ ~ 4U5 y'" , 2007, the
Common Council of the City of Jeffersonville, Indiana, at its first regular or special meeting
following either (i) the express veto of the above Ordinance by the Mayor of Jeffersonville
within ten (10) days after its presentation to him by the Clerk-Treasurer, or (ii) the failure of the
Mayor of Jeffersonville to either approve or veto the above Ordinance within ten. (10) days after
its presentation to him by the Clerk-Treasurer, PASSED and ADOPTED the above Ordinance
over the veto of the Mayor of Jeffersonville by atwo-thirds (2/3) vote of its entire membership.
The provisions of the above Ordinance shall be fully effective from and after such action of the
Common Council in accordance with the provisions of Indiana law.
~,
Attest: ~~ ~ _...,,~'--~----
Peggy Wilde,` rk-Treasurer
25
APPENDIX "A' TO CITY OF JEFFERSONVILLE
ANNEXATION ORDINANCE N0.2007-OR-10
AMENDMENTS TO ZONING CLASSIFICATIONS PROPOSED IN
FISCAL PLAN PREVIOUSLY ADOPTED BY RESOLUTION 2007-R-11
Owner(s) Property Address Approximate Classification Amended Final
# o Acres er Fiscal Plan Classi acation
26
CURRENT ZONING
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BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
STATE OF INDIANA
1N THE MATTER OF THE
VETO OF ORDINANCE NO.
2007-OR-~~
STATEMENT OF REASONS
Comes now the Mayor for the City of Jeffersonville, Robert L. Waiz, Jr., having
reviewed Ordinance No. 2007-OR- /~ ,hereby vetoes said ordinance and in support states
the following:
1. The annexation of said territory is not in the best interests of the City;
2. The annexation of said territory will create a financial hardship on the City; and
3. The city will have difficulty in adequately serving the annexed territory with both
capital and non-capital services.
SO VETOED ON THIS 16th DAY OF AUGUST,~T ei ~~ M.
~.
Robert L. Wai , Jr., Mayor
ATTEST:
~~,,.
`~
_~ ;~ ,~~ .
Pe Wil1~~'~l~
ggY
Clerk-Treasurer
MOTION
I move to pass Ordinance No. 2007-OR-10 on its second and third readings,
and thereby annex approximatly 7,806 acres into the City of 3effersonville, subject
only to the following amendments:
1. The inclusion of new Sections. l2 and 13 drafted by Mr. Fifer.
2. The modification of Section 5 regarding the zoning classification of
properties within the Annexation Area by changing the first sentence to read as
follows:
"Upon the effective date of the annexation .effected by
this Ordinance,. all properties within the Annexed
Territory shall be classified for zoning purposes in
accordance with the .provisions of Section I(D) of the
Fiscal Plan, including without limitation the tables and
maps incorporated therein by reference, excepting the
amendments to such maps as shown on the final maps
attached hereto as Exhibit "A" and incorporated herein".
These final maps shall be modified to change the zoning maps included in
the Fiscal Plan as follows:
a. Change the classification of all of the properties in the area of
the map prepared by Mr. Hicks to the newly created "Agricultural" zone. ~yr~ ~ ~ `~'
C„u ~ tM-~,+2 --~w c. ~ r~ r~,Q~ie~c~G2- ~'N-~'~"'~ .~.rc ~. QwY•~~.,-- ~~.- ro.~j',.~~4-'`
P~~ ~ b. Change the classification the Robert Lynn Company's Falcon ~
Crest subdivision (approximately 30 acres) to "R3", subject to the conditions of the
Zoning Comrriitment tendered by Mr. Nachand, instead of "M 1" as recommended
in the Fiscal Plan.
c. Change the location of the "R3" and "C2" districts within the
boundaries of the Robert Lynn Company's 110-acre tract located on Highway 62
in the manner shown on the map submitted by Mr. Nachand at the public hearing
held on this Annexation Ordinance on July 5, 2007.
I would further move that Mr. Urban, Mr. Hicks, and Mr. Fifer work
cooperatively to amend the zoning maps in the Fiscal Plan to reflect these changes,
and that the final maps be attached to the original of this Ordinance filed of record
in the Clerk-Treasurer's office as soon as possible. ~ ~h-~--- c.-~c._
~~~` ~
This concludes my mono" n. ~~ ~ ~'
~.; ~
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9
Alan M. Applegate*
E-mail: aapplegate@amflawyers.com
*Also licensed in Kentucky and Florida
Applegate ~ Fifes
Attorneys at Law
131 East Court Avenue, Suite 101
Post Office Box 1418
Jeffersonville, Indiana 47131-1418
Telephone: (812) 284-9499
Facsimile: (812) 282-7199
December 19.2005'
Ms. Peggy Wilder
Clerk-Treasurer
Jeffersonville City Hall
500 Quartermaster Court
Suite 300
Jeffersonville, IN 47130
Re: Notice of Adoption of Annexation Ordinance
C. Gregory Fifer
E-mail: gfifer@amflawyers.com
Of Counsel:
Ronald R. Fifer
Dear Peggy:
Enclosed for your records is the original affidavit of publication for the Notice of
Adoption of An Annexation Ordinance by the City of Jeffersonville, Indiana.
Sincerely,
APPLEGATE & FIFER
C
C. Gregory Fifer
/kls ~-
Enclosure
___ _
Legals Legals Legals Legals ~ Legals Legals
Feast line. 1238 5 poration hne and the line dr mcn r I -:,;: t ~ THE TRUE urant ro c.larf for .u<s.J , `eet ro ' ~ ~ ~ cords; The
sarJ no`='~ ~ mer f vidin Seilo Ridge anii~~ PLACE OF , BEGINNING. aria and~tieiny Eurt~e~ de- north corner of said subdivi- County re~~D438 cf '~
feet ~~~, J9e Nest co o g
Lot 74in Cherokee Ter-Vissing`Park, 1284.85feetTract 'B° totals approxr scribed asfollows: Begin- Sion: Thence S.67~5048"E., along
`race,. Unit 4 as shown in td the southwest line of mately 2,169 acres:. 3. De- ring at the'common corner S.50~38 47'W., along ' a northeast line of said, ti
Plat Book 9, Page 17 bf. Pebble'Creek ;Subdivision; scriptfon of-Tract "C": Being of said Surreys 69, 70, 91, corporation line and,. the and said line extern
'said county records; Thence N.35~30'30 W.; apart of SurvE<ys #14, 15, and 92; Thence northwest line of said subdi- 1000 feet more or lese
Thence N.50~10'17"E.; along acgrporatiorttine and, 16, 23, 24, 25, 35,'36, 37 S:50~08'53"W., abng the vision, 580.12 feet to the the southeast Right-qf-4
along a corporate line and said southwest line, and 38 of the Illinois Grant line dividing. Surveys 69 line dividing said Surveys line of State. Highway
the northwest line of said ' 1066.61 feet to the fine di- to Clark County, Indiana acid 91; ,15 feet to the. 34 and 35, and the east line being also the torpors
Unit 4, 334.14 feet to -the `viding said Surveys #13 and being further described southwest Right-of-Way of The Meadows, Unit'6 as line of the City of Jeffer,
west corner of, L.ot 80 in apd #22; Thence as follows: .Beginning at the line of Salem-Noble Road; shown in Plat Book 9, Page ville; Thence South~vesi
said .Unit 4; ' Thence N.54~36'44"E., along acor- -.north corner of said Survey Thence S36~44'52"E., 22 of said county records; along said cbrporatigri
S.46~bE:, along a"corpora- `poration' line, said. dividing #14 ' Thence along Right-of Way line, Thence N.35=1 T4T W., and said Right of-Way
tioF line and the southwest line, and the northwest, line S 54 28'07"W., along a 4200.55 teet, to the east along a corporation line be 4500 feet, amore- or` es:
line.of said lot, 100 feet to of Said Pebble Creek, corporation line of the City corner of atract of land de- ing said east line, 590 feet, the noriheast'Right-of=
the south corner of said lot _293.45 feet to the common of Jeffersgnville, being the scribed in Deed Drawer 5 more or less to the north line of Stacy Road,. if
80; Thence N.50~10'17"E:, corner of Surveys #22 and ine dividing Surveys #14 Instrument 1941. Whence corner' of said Unit 6; tended southeasterly
along a cbrpbration Tine ands #23; Thence -and #24, 216.75 feet to the S:53~41'04'W., along the Thence S.54«=5702 VJ., said southeast Pugh
the southeast line of said N.36~32'15"W., .along' a southwest Right-of-Way southeast fine of said tract, along a corporation line, be- Way line of State Higt
Lot, 142.15 'feet `to the corpdration line and said di- line-;.of .Utica-Sellersburg 1761 feet, more or less, to ing the northwest line of 62; Thence- N.36~0~
southwesterly.Right-of-Way viding line, 213T feet to a_ Road; Tfience" a`steel pin on the north cor- said Meadows subdivision, along sard; Right-of-
line of • Pawnee., Drive; right-of-way line of Herb N.34~32'S1 W., along a ner of a tract of land descry 3450 feet, more or less to a line. andts'wectensmon,
Tfit;nce N.40~W.; along 'a Lewis ':Road; Thence corporatjon line of said Ciry bed in Deed Drawi=r 22, In corner or said city by ordi feet, more or""Tess,"fo
corporation line,- and said 5.50~W., along acorpora- being saidsouthwest'Right- strument 6821 of said coun Hance #92-or-52; Thence goutheast Right-of-Way
°A' ht-of-Wa line 100 feet lion line and said .right-of- of-Way .line,' 1925.13 feet; ty records; Thence N.34-~32 41"1N., along a of sard railroad; Th
h N 22 090$"E along
ig Y ,
to the north corner of said way line of Herb Lewis Thence S 54 34'09°W., S.36~22'11' E , along the corporation Irne an, t e Po •,
lot; Thence N.50~10'17"E.; Road, ' 15 , feet; Thence along acorporatron -hne of .northeast line of said tract, northeast line of the Y~tACA, Right-of-Way Tine,
alonga corporation line,. 25 N.36~0337"W:; along ,a said Cfty, 613.79 feet; 849 feet to a steel pin; tract. 447.78 feet; 1"h~nce` feet, more or less, tc
feet to the centerline of said corporation line• and the., Thence N.34~54'20"W., Thence N.53a-3749 E., S.36~32'35"W , along a southwest ifne of said
Pawnee Drive; ` Thence "southwest right-of-way line along a corporation lfrie, 121.45 feet to a steel pin; corporation line, 147.1'5 feet; con Crest subdivision
N.39~58'07"W., -along a of said Road,' 1170 feet, 202.51 feet Thence Thence, ,,;; S43 2'9_`05"E., Thence 186.76.. feet along tended southeasterly ti
corpor'aEion ' line, 521.42 more or less, tq the south- 5.5432'21 W , along a 97 73 feet to a steel pin on said Right-of Way. line on a southeast Right-of-Wa1
feet; Thence east Right-of-Way line of. corporation 'line; 2038.82 the line dividing Surveys 950.36 foot radius curve to of said Railroad; Th
S.50~0903"W., along a East 10thStreet (formerly feet to the northeast Right- #51 and` 69; Thence the right being subtended N.36o=2836"W., along
corpdratiori line, 167.07 State Highway., #52); of-Way line of the Clark S.5tm15'26 E ,,489.72 feet by a chord bearing S. extended line, 80 feet,.
feet; - Thence Thence' northeasterly along `Maritime Center .Railroad to a §teel pin; Thence 4756'01 "E, 186 76 feet; or less to THE PLACI
S.3~~58'09"E:, along acor- a corporation line and said ;Spur Track; Thence north N 87~=56'E., 269:31 feet to Thence S 52 36'01 "W., BEGINNING. Tract °E
poration' line, 371.4 feet; Right-of-Way line, 1581 westerly, along corporation. a steel. pin; 'Thence along a corporation line, tats approximately
Thence S.50~10'17"W., feet; more or ie$s, to the .lines antl railroad. Right-of- S 36~22'i f E:, '1515.5 feet 213.5 feet; Thence acres 6. , .Descrfptio
along a corporation ,line, southwest Right-of-Way Way lines, '412 feet, more .tq the northwest Right-of- S.54x48'ii"W., along a Tract "F": Being a p<
334.14 feet to .said north- hne of _the Clark Maritime or less, tb a corner of said • Way line, ; of Charestown corporation.line, 645.44 feet Surveys #22-and #351
east line of said' Estates of Center ' `Railroad Spur;' City by ordinance- #98-or- ;Pike (formerly Jefferson- to the west. Right-of-Way 'Illinois Grant to Clark
Cherokee Heights; Thence Thence southeasterly and 39; Thence northeasterly, aille-Charlestown Pike);'_line of Hamburg Pike, ty; Indiana and beinc
N 3958'07"W., -along ` a southerly along gorporation along ,a corporation line, Thence N 473021"E.. Thence N.15'38'09"W., they described as• fol
corporation line -and said lines and said Right-of-Way 150 feet; more or'less, to along said Right-of-Way. along said Right-of-Way Beginning afthe soutf
northeast line; .850 feet, lines; 8724 feet. more. or the northeast Right-of-Way' line, 451 feet to a point in line, and a corporation line, .ner of said Survey #3
more or less, to the south ,less, to the west corner of a hne of Port Road; Thence the northeast line of Lots 70 559.05 feet; Thence 'ing on the Corporation
corner of Rived Forest Sub- tract of, •land described in northwesterly,, along acor- `and 71 in Windy Pines as S.63 04'10`'W., along a ' of the City of Jeffersoi
division as shown in Plat Deed Drawer 19. lnstru- poration lihe and said north- ..shown in Plat Book 12, corporation -line, 357.81 .Thence N.34~55`2
Book 11; Page 53 of said merit 5Q17 of said county east Right-of-Way line; .page 34 of said county re- feet Thence along a corporation Ji
county records; Thence records, a corner of said 2355-feet; more or less, tq cords if said northeast line N.15~5950"W along a said City being the lim
N.60~01`53"E:; along acor- Ciiy; Thence the southeast Right-of-Way-was extended ,orthwi~sterly corporation" Irne; '.118.15 viding Surveys #34
poration line and the, south- N.47~0804"E., along acor- Thence northeasterly along to said, northwest,Right-of- feet Thence #35, 28.03 feet to the,
east line of said subdivi- porationline'and he north- a corporation line and said Way line of Charlestown S.43~05'14°W , along a west Right-of Way Iii
- _,.. ,
sion,'668.29 feet to the east west line of said tract, southeast Right-of=Way Pmke; Thence corporahon, line, .345 72 Charlestown Pike; TI
comer=of said subdivision; 206.82 feet,to the north cor-s, hne, 680 feet; Thence `S 42~2T41"E., 284 feet to, feet, Thence S 0~599~57 E., N:55~29'42"E., along
Thence N.39~58'07"W:; ner"of said tract; Thence northwesterly, along a r~r- the east corner of said Lot along a :corporation line, Right-of-Way -line `a
along a corporation line and S.51~5435"E., along acor= poration line, 1356.26 feet 70; Thence N.47~4522;E., .703.09 feet; Thence corporation line, 2
the northeast line of said poration line and,the north- to the northwest Right-of-. along a line of said. subdivi- N 7333'42"W. along a feet, T
subdivision and said line east line of said tract, 1.87.5 Way Brie of the`CSX Rail- Sion, 200:14. feet to a cor- corporation.line, 643.45 feet N.77~52'03"E., alonc
r of said tract; Thence north- N.19~5f3'S4',E., orlon acor- Thence S.45~~1"25'~ ' to a point `100 feet east of Right-of-Way line, 's
-the southern4mos52 orn et to feet to the east corner of road'r ,n and said north- a orn a hnelof said srubdov" the east"right of-way line of ,corporation Irne .31;9
a tracf of land described in "easterly, along corporation poration h e g i- the Conrail ,Railroad; Thence 5.4643'
~, , ~.,,
Deed Drawer 27, Insfru- dries and the centerline of.,west Right-of-Way line; stun, 283.04 feet to a cor- Thence Northerly; parapet along a corporation
'merit `6876 of said county Middle _ ,Road, -883 feet, . 3481.37 feet to the south- :ner of, said .subdrorsiorr to said railroad, 500 feet, 21,28 feet to the ten
records; Thence more or less, to a corner of 'west Right-of-Way line of ;Thence, ,,, N.47~2533'E., more or less,, to the former 'of Charlestown
N.60~46'E., along acorpo- the City of Jeffersonville; Utica-Sellersburg Road; along a line of saidsubdivi- line between George,Pfister Thence northeasterly,
ration line and ,the south- Thence N:35~;13'34"W., Thence southeasterly along' stun 3:72 feet to a corner and Marvin Crum (being said centerline and a
east line of ,,said tract, along a corporation line, a corporation line, and said: of sardsubdivmsion; Thence 365 feet, more or less, ration line, 1661 feet
1085.61 feet fb the east 881.56 feet to a'corner of Right-of-Way line,-540 feet, S 4413'58 ~ along a line south of the south Right-of- or less, to the south
corner of said tract; Thence said G`ity; `Thence` more or, less, to the north-_of said- subdivision, 184.63 Way. line of Coopers Lane; of a tract of land de<.
N.40~34'45"W.,t along a N.54~10'26"E.; along acor- west Right-of-Way line of feet;o a corner of said sub- forrnerly Potters . Lane); ,in Computer #2063iC
corporation line and the poration Ifne, 938.3 feet,. said State Highway 62; `division; Thence Thence Westerly; along a; saitl county re
'W I fne coy oration--line 75 feet Thence S.36~17
;E IS
a on
ne C
.City d
and adopted Ordinance-No.
2007-0R-10 (the 'Ordi- .,
Hance°) over the veto of
Mayor Robert , L. Waiz,-
which Ordinance annexed
certain contiguous territory'
tYiat is more particularly de-
scribed hereinbelow into ,
the .boundaries of the City
of -lnffcrennviIIa Indiana
northeast, line.of said tract, more or less; to a corner of Thence northeasterly along. S.48~4455 , aong a r p ,
. ~ r ' ° Y aid subdivision 72.99 Thence Northerly, along' a `crossing said pike, 2
900 feet to the north corner said City; TheOCe a corporation line and said of s
of . said tract; 'Thence S.35.zd934 E., along acor- northwest right-of-Wa line, feet to a corner of.samd sub- corporation°'line, parallel to more or less, to the
S.39~21'06"W., along a poration line, 508 feet, 2700 feet, more or less,. division; Thence said railroad, 3700 feet, east Right-of-Way. I
corporation line antl the more or,less, to a corner of Thence. southeasterly along. S.37~03'05"E., along a line more or less, to a corner of sard pike; Thence
northwest line of said, tract, said City; Thence a corporation hne, crossing of said subdivision; 189.25 said City by ordinance #70- westerly along said
428:62 feet; Thence S.54~10'26"W:,' along a said Highway 62, 150 feet,- feet to a corner of said sub- or 18; Thence Easterly, of-Way line'and a' ci
N.40~2946"W:, along a corporation line, 349.8 feet more or less to the west division; Thence along a corporation line, 75 aion hne, 1350 feet n
corporation line; 506.36 feet to a corner of said Ciiy; corner of the Army Animu- S 3735'14' E. along 'a line feet to a point in Lot 14 in less to ay north I.
to .the southeast Right-of- Thence S.35~~49'34"E:, nftiori Plant ,perimeter of said subdivision, 97 feet Cementville as sfiown in Landsburg`Cove, Se
Vilay`line of Middle Road al- along a corporatron line, fence; Thence °southerly, to a corner of said subdi,~v„i- Plat Book 3 Page 73 of as.shown fn Plat Bc
so known as East 8th 96.36 feet to' a corner 'bf southeasterly, northeasterly. sion; 'Thence said" county records; Page 16 of said cqf
tY, g p y .g ,g a `Thence Northerly, parallel .cords;
Street; Thence said Ci Thence and sbutheasterl ., orlon S.48=x36'24"W . orlon
5343 W, along 'a S.54~f026"W., aion acor oration Imes, and sard hne .of .said subdivtsion, 4 to said railroad, 4239 feet,• S.70~58'40"E., alor
>,. , y
oration (ine sand said corporation Irne; 208.73 feet perimeter fence, 12,500 feet to a corner of sard sub- .more or less, to the center
-of-Way line, 74.67 to a comer of said tity; feet, more or less, to the division; Thence line of SilyefCreek; Thence
Thence Thence S.35~4934"E., line dividing Surveys #i7 S.41~12'35"E:, along a line following said centerline,
'00'50"W., along, a along .a corporation Brie, sand fk25; Thence leaving of said subdivision 98 feet upstream in a generally
oration line and ,said 455.86 feet to a. corner of said corporation' line, south- to a corner of said subdivi- northeasterly direction,
if-of-Way .line, 3'12:05 said Gity~""~"~-•Thence westerly, along'said divid- sion; Thence 31,324 feet, more or less;
to the line dividing Sur- S.54~1,0'26 W.; along a ing line, and, the line divid- S.42~36'05 E., along a line to the northwest line of Sky-
°4 and `12; Thence corporation line; 1338;27 ing Surveys #t6. and 25, of said subdivision, 208.14 line Acres, Section 3, if said
k=33'49"W.; along said feet to`a corner of said City; 1800.#eet; more or less tq:, feet to a,corner ofsaid sub- line were extended south-
~oration line?and said„di- Tftence N.37~45'30°W„ the spuihwesf Right-of-Way division; Thence westerly to said centerline:
ig line,. 195.68 feet to along a corporation line, line of .Old Salem Road; S.48~19'49"W., 927.1 feet: Thence ,.. N,55~24'17"E.,
northwest. Right-qf-Way :6722. feet tb the centerline Thence S:14==18'24"E., toahe north corner of Windy along the. northwest line of
of said Middle Road; of Middle Road; thence along sard southwest Right- Pines Subdivision Unrt 3 as said subdfvisibn and its' ex-
nce Na4~31'11''E., soufllwesterly, along corpo- of-Way line, 838,feet, more shown in Plat .Book 13; ension 2113 feet, more or
._ ._ .,___ ~ ,.......a',,,.,,.,.., .e_; ro~~ ' 'tin`.tha :¢nuthwesi
tion 5, and a'corp
line, 256.99 feet; n
less, '
N.56~25'23"E., aloin
poration Brie, 581:4
Thence N.34~4~
along a corporatiq
11.03 feet to the sot
Her of ' Landsburg
Section 1, as shown
Book 10, Page 82
county records;
N.55~41'52"E., aloe
borahon line and the