HomeMy WebLinkAbout2014-R-16RESOLUTION NO. 2014 -R - I (o
A RESOLUTION OF THE COMMON COUNCIL OF
JEFFERSONVILLE, INDIANA, APPROVING
RIVER RIDGE DEVELOPMENT AUTHORITY
RESOLUTION NO. 45-2014
WHEREAS, the Common Council of the City of Jeffersonville, Indiana, (the "Common
Council") has a continuing interest in the economic and community development of the City of
Jeffersonville, Indiana ("City") and its inhabitants; and
WHEREAS, the River Ridge Development Authority (the "RRDA"), is a military base reuse
authority that exists and operates under the provisions of Indiana Code 36-7-30, as amended from time to
time (the "Act"); and
WHEREAS, RRDA is charged under the Act with the responsibility of planning, replanning
rehabilitating, developing, and redeveloping the former Indiana Army Ammunition Plant ("INAAP"),
which is now known as the River Ridge Commerce Center ("RRCC"), to enhance economic development
and job opportunities for Clark County and Southern Indiana; and
WHEREAS, normal development and occupancy at INAAP became undesirable or impossible
because of a combination of the following factors: Decommissioning of the military base, lack of
development, cessation of growth, deteriorated or deteriorating improvements, environmental
contamination, character of occupancy, age, obsolescence, substandard buildings, and other factors that
impaired values and prevented a normal use or development of property; and
WHEREAS, as such, all of the property within the RRCC is in an area needing redevelopment
(as defined in I.C. 36-7-1-3) and the RRDA has undertaken its statutory responsibility to redevelop
INAAP into a manufacturing, distribution and commerce center by subdividing the RRCC into parcels
that are being sold to private business and industry; and
WHEREAS, a portion of the RRCC is located within the City, including a 2.744 acre parcel
being sold by the RRDA as a commercial development site (the "Site") as set forth in the RRDA
Resolution No. 45-2014; and
WHEREAS, the Site is located in a project area within Clark County consisting of the RRCC
property where RRDA has acquired clear title from the U.S. Army, and which is hereby designated an
area for economic development; and
WHEREAS, RRDA has the power of eminent domain pursuant to I.C. 36-7-30-16 which
authorizes the filing of an action for condemnation with the approval of and in the name of the unit of
government in which the Site is located; and
WHEREAS, RRDA has determined that it is necessary to exercise its power of eminent domain
to extinguish all property interests in the Site to enable the Site to be commercially developed; and
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WHEREAS, the exercise of the power of eminent domain to extinguish all property interests in
the Site and enable transfer of the Site to a private enterprise will promote the reuse of INAAP in the
manner that best serves the social and economic interests of the City of Jeffersonville, Indiana, and its
inhabitants;
WHEREAS, the Common Council has received, reviewed and approved RRDA Resolution No.
45-2014; and
WHEREAS, after being fully advised in the matter,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF JEFFERSONVILLE, CLARK COUNTY, INDIANA, THAT the foregoing recitals shall be, and
are an integral and substantive part of this resolution and are incorporated herein by reference. The
Common Council hereby approves RRDA Resolution No. 45-2014 and approves the initiation of eminent
domain proceedings by RRDA. Pursuant to I.C. 32-24-1-3, RRDA will make an effort to purchase
MAR's leasehold interest in the Site prior to filing a complaint for condemnation. If this effort to
purchase is unsuccessful, the Common Council authorizes RRDA to engage the law firm of Wyatt,
Tarrant & Combs, LLP, to file an action for condemnation in the name of the City on behalf of RRDA.
VOTED 1 R: VOTED AGAINST:
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PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Indiana,
this day of July, 2014.
COMMON COUNCIL OF THE CITY OF
JEFFERSONVILLE, INDIANA
Dennis Julius, P
siding Officer
Vicki Conlin, Clerk
Presented by me to the Mayor at / 0 .Ii -%'clock 415km., this a a day of July, 2014.
Vicki Conlin, Clerk
Received and approved by me this ,�Q day of July, 2014.
61194707.1
7/9/2014 9:46 am
61197242.2
Mayor Mik Moore
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RESOLUTION NO. 45-2014
A RESOLUTION OF
THE RIVER RIDGE DEVELOPMENT AUTHORITY
DETERMINING NEED TO EXERCISE POWER OF EMINENT DOMAIN
WHEREAS, the River Ridge Development Authority (the "RRDA"), is a military
base reuse authority that exists and operates under the provisions of Indiana Code 36-7-30,
as amended from time to time (the "Act"); and
WHEREAS, RRDA is charged under the Act with the responsibility of planning,
replanning rehabilitating, developing, and redeveloping the former Indiana Army
Ammunition Plant ("INAAP"), which is now known as the River Ridge Commerce Center
("RRCC"), to enhance economic development and job opportunities for Clark County and
Southern Indiana; and
WHEREAS, normal development and occupancy at INAAP became undesirable
or impossible because of a combination of the following factors: Decommissioning of the
military base, lack of development, cessation of growth, deteriorated or deteriorating
improvements, environmental contamination, character of occupancy, age, obsolescence,
substandard buildings, and other factors that impaired values and prevented a normal use
or development of the property; and
WHEREAS, as such, all of the property within the RRCC is in an area needing
redevelopment (as defined in IC 36-7-1-3) and the RRDA has undertaken its statutory
responsibility to redevelop INAAP into a manufacturing, distribution and commerce center
by subdividing the RRCC into parcels that are being sold to private business and industry;
and
WHEREAS, a 2.744 acre tract of land known as "Tract 10B" and described in
Exhibit A (the "Site") is situated within the RRCC and is in need of redevelopment as
defined in IC 36-7-1-3; and
WHEREAS, the Site is located in a project area within Clark County consisting of
the RRCC property where RRDA has acquired clear title from the U.S. Army, and which
is hereby designated an area for economic development; and
WHEREAS, certain railroad facilities are located on the Site and Mid-America
Rail Storage and Leasing Company ("MAR") has a leasehold interest in those facilities;
and
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WHEREAS, RRDA has entered into a Purchase and Sale Agreement ("PSA") with
a purchaser for the sale of the Site for the development of a commercial site; and
WHEREAS, RRDA agreed, under the PSA, to remove the railroad facilities in
order to enable the Site to be developed as a commercial site; and
WHEREAS, RRDA has the power of eminent domain pursuant to Ind. Code 36-7-
30-16 which authorizes the filing an action for condemnation with the approval of and in
the name of the unit of government in which the Site is located; and
WHEREAS, the Site is located within the city limits of the City of Jeffersonville,
Indiana; and
WHEREAS, the Board of Directors has determined that it is necessary to exercise
its power of eminent domain to extinguish MAR's leasehold interest in the Site in order
that RRDA may fulfill its mission to develop the Site;
NOW THEREFORE, BE IT RESOLVED BY THE RIVER RIDGE
DEVELOPMENT AUTHORITY AS FOLLOWS:
1. Recitals. The recitals set forth above are an integral part of this Resolution and
are incorporated herein by reference as findings of the Board of Directors.
2. The Site Is An Area Needing Redevelopment. The Site is situated in the
RRCC and is an area needing redevelopment. The Site is undeveloped land
within an area where there has been a cessation of growth, deteriorated or
deteriorating improvements, environmental contamination, old, obsolete and
substandard buildings, and other factors that have impaired values and
prevented a normal use or development.
3. RRDA Considers It Necessary To Acquire MAR's Interest In The Site.
RRDA considers it necessary to acquire MAR's leasehold interest in the Site by
the exercise of the power of eminent domain. RRDA's acquisition of MAR's
leasehold interest in the Site to enable transfer of the Site to a private enterprise
will promote the reuse of INAAP in the manner that best serves the social and
economic interests of the city of Jeffersonville, Indiana, and its inhabitants.
4. RRDA Will Submit This Resolution For Approval By The Jeffersonville
Common Council. This resolution must be approved by the legislative body of
the City of Jeffersonville before a petition for condemnation of MAR's interest
in the Site is filed. The Executive Director and General Counsel are directed to
present this resolution to the Jeffersonville Common Council for approval.
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5. RRDA Authorizes The Exercise Of The Power Of Eminent Domain And
The Initiation of Eminent Domain Proceedings. RRDA hereby authorizes
the initiation of eminent domain proceedings pursuant to I.C. 32-24 after this
Resolution is approved by the legislative body of the City of Jeffersonville,
Indiana. Pursuant to I.C. 32-24-1-3, RRDA will make an effort to purchase
MAR's leasehold interest in the Site prior to filing a complaint for
condemnation. RRDA shall secure an appraisal from a qualified appraiser. The
Executive Director and General Counsel shall make an offer to purchase
MAR's leasehold interest in the Site in an amount authorized by the Executive
Committee. Any purchase amount negotiated by the parties must be approved
by the Executive Committee prior to RRDA's purchase. If the effort to
purchase is unsuccessful, RRDA directs its attorney, Wyatt, Tarrant & Combs,
LLP, to file a petition in the name of the City of Jeffersonville on behalf of
RRDA in the circuit court of Clark County, Indiana.
RESOLVED BY VOTE OF THE BOARD AT A DULY CALLED REGULAR
MEETING OF THE RIVER RIDGE DEVELOPMENT AUTHORITY ON
TuI y 2.1 ,2014.
1\"
Attest:
Attest:
J. Mark Robinson, President
David W. Evanczyk, Secretary/Treasurer
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EXHIBIT A
Tract 10B - Legal Description
That part of Survey Number 37 of the Illinois Grant, City of Jeffersonville, Clark County, Indiana, being
further described as follows:
Commencing at a Mag Nail on the northwest line of Survey Number 25, which marks the east corner of
Survey Number 37; Thence North 69 degrees 59 minutes 13 seconds West, 1181 feet; Thence North 47
degrees 03 minutes 36 seconds East, 35.56 feet to a steel pin and cap; Thence North 42 degrees 53
minutes 27 seconds West, 210.66 feet to a steel pin and cap; Thence South 72 degrees 26 minutes 35
seconds West, 290.33 feet to a steel pin and cap which is the True Point of Beginning;
Thence South 45 degrees 59 minutes 33 seconds West, 586.99 feet to a steel pin and cap on the
northern perimeter of an existing conservation easement; Thence along said perimeter, North 49
degrees 08 minutes 25 seconds West, 86.50 feet to a steel pin and cap; Thence continuing along said
perimeter North 35 degrees 26 minutes 28 seconds West, 242.69 feet to a steel pin and cap marking the
north corner of said conservation easement;
Thence North 30 degrees 01 minutes 19 seconds West, 123.69 feet to a steel pin and cap marking the
south corner of a second conservation easement; Thence along the southeast line of said second
conservation easement, North 19 degrees 44 minutes 22 seconds East, 8.26 feet to a steel pin and cap;
Thence 695.58 feet along a curve to the left having a radius of 1407.39 feet and a chord which bears
North 86 degrees 47 minutes 02 seconds East, 688.52 feet to the True Point of Beginning.
The above described tract contains 2.744 acres, which is subject to all rights -of -ways or
easements whether of record or not, and is part of Parcel L1 as conveyed to River Ridge
Development Authority as set forth in instrument 200513080.
Survey # 37 Showing Tract 10B
(attached)
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SLRVEYLNG A: ENGLNEERING. LLC
958 WATER STREET
CHARLESTOWN. IN 4 111
.812) 256-781
DATE 7-8-14
DRAWN. 'NA.W.
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