HomeMy WebLinkAbout2009-R-03RESOLULTION OF THE JEFFERSONVILLE
CITY COUNCIL
2009-R-
VACATING INTERESTS IN ABANDONED ROADS
IN TRACT 6 RIVER RIDGE
WHEREAS, the River Ridge Development Authority (hereinafter "RRDA") has
requested the City of Jeffersonville, Indiana, City Council (hereinafter "City Council"), to
adopt a Resolution Vacating Interests in Abandoned Roads in Tract 6 River Ridge
(hereinafter "Resolution").
WHEREAS, the RRDA is the entity responsible for redevelopment of property formerly
used as the Indiana Army Ammunition Plant (hereinafter "INAAP") pursuant to Act of
Congress, known as the Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999, H.R. 3616, as amended, Section 2843.
WHEREAS, the United States of America originally developed INAAP during World
War II, as an ammunition manufacturing, testing, and storage facility, comprised of over
8,000 acres that were assembled from hundreds of individual parcels.
WHEREAS, various county roads (hereinafter "Prior Roads") were situated on the land
assembled for INAAP; however, fencing was erected around portions of the INAAP
facility, cutting off all public access, ingress, and egress, except through controlled gates.
WHEREAS, the Prior Roads have been abandoned, but not formally vacated.
WHEREAS, the Prior Roads were not maintained while the property was controlled by
INAAP; moreover, many of the Prior Roads have been removed and can no longer be
located through physical inspection.
WHEREAS, the RRDA has entered into a contract for the sale of the real estate more
particularly described in Exhibit "A," attached hereto and made a part hereof (hereinafter
"Tract 6").
WHEREAS, Tract 6 is a part of the territory annexed by Jeffersonville pursuant to
Ordinance No, 2000-OR-46, adopted by the Common Council of the city of
Jeffersonville, Indiana on November 9, 2000, and recorded as Instrument 200300256 in
the office of the Recorder of Clark County, Indiana.
WHEREAS, survey maps with information predating World War II indicate that a public
road may have existed in the past on Tract 6.
WHEREAS, the legal vacation and abandonment of the City of Jeffersonville's interests
in and to roadways that may have formerly existed on Tract 6 will aid in providing clear
title to new owners, without exception for the rights of the public in and to Prior Roads.
WHEREAS, the vacation of rights will facilitate the planning, improvement, and
construction of roads for future redevelopment activities, and will also remove any
questions concerning Jeffersonville's responsibility for maintenance.
WHEREAS, the Jeffersonville City Council recognizes that the RRDA plays a vital role
in the creation of jobs and new tax base for Jeffersonville through the sale and
redevelopment or tracts for industrial and commercial use.
NOW THEREFORE, BE IT NO ORDAINED, that the Jeffersonville City Council
hereby vacates the right, title, and interest of the City of Jeffersonville, Indiana, in and to
any roadways now existing, or formerly existing, upon Tract 6, as is more particularly
described in Exhibit "A" hereto.
So Resolved this /(p t'~day of March 2009.
Severability Clause:
Should any section, paragraph, sentence, clause or phrase of this resolution, or its
application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this resolution be preempted by state or
federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this resolution or its application to other persons or circumstances.
This Resolution shall be in full force and effect from and after its passage
and
annrrnial
Voted Against:
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Passed this ~ ,mac day of ~fZ/'C ~ , 2009.
or Thomas Gal g n
Attest:
Peg ilder, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor
~~
of said City of Jeffersonville, Indiana on this p~ day of ~ ~~L-, 2009.
Peg ilder, Clerk-Treasurer
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Exhibit "A"
Situate in the State of Indiana, County of Clark, Utica Township, being a part of the
Illinois land Grants No. Thirty-Eight (38), Fifty-One (51) and Fifty-Two (52), the
boundary of which being more particularly described as follows:
Commencing at a 5/8" Rebar found marking the South corner of grant Number 52; thence
with the Grant line dividing Survey Grants No. 38 and 52, North 55°01'07" East, 570.80
feet to a 5/8" Rebar found in the South right-of--way line of Salem-Noble Road and the
POINT OF BEGINNING; thence leaving the grant line and with the south right-of--way
line of Salem-Noble Road, South 67°04' 13" East, 471.73 feet to a 5/8" Rebar found in
the westerly right-of--way line of Third Street; thence leaving the north right-of--way line
of Salem Noble Road and with the westerly right-of--way line of Third Street the
following two (2) courses, south 40°55'05" West, 617.46 feet to a 5/8" Rebar found;
thence South 38°51' 10" West, 252.91 feet to a 5/8" Rebar found in the northerly right-of-
way line of a road; thence leaving the westerly right-of--way line of Third Street and with
the northerly right-of--way line of a road the following two (2) calls, North 67°04' 13"
West, 732.39 feet to a 5/8" Rebar set in the grant line dividing Grants 38 and 51; thence
continuing North 67°04' 13" West, 594.11 feet to a 5/8" Rebar set in the easterly line of
Patrol Road; thence with the easterly line of Patrol Road North 22°54'47" East, 830.48
feet to a 5/8" Rebar found in the southerly right-of--way line of Salem-Noble Road;
thence with the southerly right-of--way line of Salem-Noble Road, South 67°04' 13" East,
1115.09 feet to the POINT OF BEGINNING, passing through a 5/8" Rebar found in the
grant line dividing Grants 51 and 52 at 14.04 feet.
Containing 27.707 acres, more or less.
Being a part of the same property conveyed from the United States of America to River
Ridge Development Authority, by Quitclaim Deed dated May 31, 2005, recorded as
Instrument 200513078 (Dl), in the office of the Recorder of Clark County, Indiana.
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