HomeMy WebLinkAboutPETITION TO DISANNEX PRIVATE ROADWAY RIVER RIDGE BEFORE THE BOARD OF PUBLIC WORKS
FOR THE CITY OF JEFFERSONVILLE, INDIANA
PETITION TO DISANNEX PRIVATE ROADWAY
Come now the River Ridge Development Authority(the"RRDA"),a military reuse authority as
created under Ind.Code 36-7-30,and the Hughes Development, LLC("the Hughes Group"),an Indiana
limited liability company,(together the"Petitioners")and request that City of Jeffersonville disannex a
certain portion of South Boundary Patrol Road as described herein. The Petitioners further state as
follows:
1. RRDA owns that portion of South Boundary Patrol Road depicted in the plat as shown in
Exhibit A and described in Exhibit B(the"Private Road"). Exhibits A and B are incorporated into this
petition and made a part hereof by reference. Exhibits A and B are specifically titled for a subsequent
petition to be filed with the Town of Utica. The Exhibits properly illustrate the same portion of South
Boundary Patrol Road that is requested to be disannexed under this petition.
2. The Private Road illustrated in Exhibit A and described in Exhibit B is contiguous
territory within the corporate boundaries of the city of Jeffersonville and constitutes 3.44+/-acres which
is more than the one acre minimum required by I.C. 36-4-3-17.
3. The Private Road currently serves as the only access to Quarry Bluff Estates,a residential
subdivision in Clark County, Indiana.
4. The Hughes Group is the developer of Quarry Bluff Estates and has a non-exclusive
Right of Entry Agreement with RRDA which grants it the right of use of the Private Road.
5. The Hughes Group represents that it has recently paved and upgraded the Private Road to
meet the road standards of the City of Jeffersonville and Clark County, Indiana. To the best knowledge of
the Hughes Group,the condition of the Private Road meets or exceeds all public roadways in the City and
Clark County.
6. The Petitioners would like the Private Road to be disannexed so it can be accepted by the
Town of Utica,Indiana into their road inventory. Following the disannexation by the City,the Petitioners
will request the Town of Utica,Indiana to establish this Private Road as a public way and to maintain and
operate it as a public way from and after the Town of Utica's acceptance of the same.
7. The Board of Directors for the RRDA has authorized the filing of this petition by
adoption of Resolution No.57-2016,a copy of which is attached herewith and marked Exhibit C(the
Resolution exhibits are the same as Exhibits A&B to this Petition and are therefore excluded from
Exhibit C.)
8. The Board of Directors for the RRDA has authorized the filing of a petition to dedicate
this Private Road to the Town of Utica with the adoption of Resolution No. 39-2016,a copy of which is
attached herewith and marked Exhibit D(the Resolution exhibits are the same as Exhibits A& B to this
Petition and are therefore excluded from Exhibit D).
9. I.C.36-4-3-17 permits the filing of this Petition for disannexation.
10. The Hughes Group is willing to pay the costs and expenses of notice and advertising of this
petition in the manner prescribed by law.
WHEREFORE,the undersigned request the Board of Works to disannex the Private Road depicted
in the plat shown as Exhibit A and more particularly described in Exhibit B;to issue notice of this petition in
accordance with law;to conduct a public hearing in accordance with law;and to grant Petitioners a just and
equitable order on this Petition as required by I.C.36-4-3-17;and to grant all such other relief as may be
proper and necessary.
RIVER RIDGE DEVELOPMENT THE HUGHES GROUP
AUTH RITY
rJAcy xecutive Dire r hes,President/CEO
EXHIBIT A
PRO!'IpSIJD ROADtAY DEDlCATlON FOR PATROL ROAD SOClT!!
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No f:"owy don., NO CCWfrtR WRKWS ftft StT. Na daf.shorn, f—.on aft Od b.u..0 for
.nfobosnrnq pry noon ry lenre hon. Pr.pwW h:r uric by NO NO
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ORAWtNC OF f ROPO,SE?;SWET DEM 4770N OF PATROf. ROAD .SOUTH TO Thr TOWN OF UMA,
7N SURAYS 11 AND 21 OtTHt 8d1NGiS CRANI 10 CLANK COUNTI: ?N71k"
Nn TE: Illi DR4A7NC DOES NOT NkPR&SENT A WIRACEMENT, !NXINAt OR AMITE Sl1RYEY, OR
SUR'VEYOR'S 1rCATION REPORT
r �.wflr. —=
H/,ANKh lY.f3,f.'1rwye & .S'O/V FOR' HUCN£S GEW10PAWK, L L C
uN0 SURne'rors mr, P.c x COREY 6 HuGHrS
BIB B CO!/NT AYJN!/X PO BOX 167 REAL ES/Aft MAAC4GtN
✓Si7dR5lINYI/.1f4 lNg"W 47191-0167 6200 E 0401WAY 62 SUTTf 100
MAMNt?Nei` B/l $-!/89 JrFFERSONVILLt IN 47130
/I16lfXAMNAt Y11 RR�'OS?2NNAT
ORAV BY O R 4 b'C4L6' 1 4(171 FE✓l 44Tr J NANC'i f 20 f ti ✓OB A'd. 77,860 A
EXHIBIT B
DESCMUONOf PROMM DEWC-MON OF SO17H PATROL ROAD
&-W a Pitt Of S�;;17-ind 27 of dw 21110's CfAW to Clark County.Indiana and beitige further
descr ed as follou
Bel? ata orae cin the cotanaon corder of Surveys 17,26 and 27;TbenceN.54-2250S.along the
dA tdmg said Surveys 17 ad 27. Ill 99 feet to THE TRUE PLACE OF BEC 4.%NG-
Tie S.'2.15"33`"E.. 112.03 fret,
Tbewe 192,31 beet along the arc of a 400 foot radstes cunv to the nght,cowave v6xve&1 bemg
wbiended by a chard bem*SS•2WS, 190 t,
These S_5-1714"W,.8139*et
Thence S.83- S I"E,60 01&vt to are taitem bw of Reay RWr Conwwrce Ceserand a western but
of Quarry Bluff as shmn in Plat Book 13..Page 32 of said C outtty records.
Tate N5-t 714T,along said rasteru leas. I93 09 feud to a steel brwe,post on a comer cefsatti Rj�w
e:
Theatre N-2-2.15 3M.,.along a I r of at�i Rt,er Ridge, i7#ST fees to a steel e l on a corxacr of
River
Thence N.7.3a "E.,alow a bw of saJ Rr�w Ridge, 125 97 feet to a steel .e post on a cow of
said Rim Ridge:
Thence N.39-05M,,along a Ww of said Riga(R 399 77 fid to a steel Sence post on a comer of
saui Rnw Ridge.
Thence N 50-2OV7''E.,abw a les of said Rr yr Ridge,221,32 filet to a itel*we past area comer of
said River
Thome N 66.18'2`1"E.,.abug a liter ofsaid River Ripe,252 47 feet to a steel frwe post on a comer of
sand ftw It,,*-
Thence N.52-16121 S' along a hex of satd Rmer lodge. O 19 k"to a steel femme post on a comer of
sad River Rte,
Thrace N,59-19"52"E.,along a brae of seed Rr.e r Ridge, 131.16 feet to a heel fewe post on a corms of
said River Rh*,
Thence S,6342"53"E„along a line of said Rmw Ridge.2-16.41 f+rt to a steel fewe post on a conmr of
,ad Rider Rhe,
Thence M.21.24� "E r abng a hes of said River Ridge.87.15 feet to a steel e post on a+altldM do
said River Rhe,
Thence M63-4T53*W.234 N feet;
Thence S.59-19'52"W,,200 T_'*et.
(Legal description continued on next page)
EXHIBIT B, PAGE 2
Thence S.52*16'21"W..286.5.1 feet:
Thence S-66#18'21"W..248.74 feet,
Thence&59*20'07*'W,,235.32 feet,
Thence S.39*4W59"W.,427.42 feet:
Thence S.7035'05"W.. 159.27 feet.
Thence S.22.15'33""E.. 266.04, feet to THE TRUE PLACE OF BEGDNWG.
CoutaWng 3.44 acres and being abject to an eajernents of record.
NOTE: This description prepared from record documents for Riallt-of-Way-dedication purposei,w4
INSERT EXHIBIT C
RESOLUTION NO.57-2016
A RE25QLUTION, NG,DISANNFXATTON
PORTION OF SOUTH BOUNDARY PATROL ROAD
WHEREAS, on June 22, 2015 the Board adopted Resolution No. 49-2015 approving an
agreement with Hughes Development, I.I.0 ("Hughes") by which Hughes agreed to install the final
surface layer of asphalt to that portion of South Boundary Patrol Road illustrated in Exhibit A and
described in Exhibit B (the "Road") and to realign Paul Garrett Avenue into the Road both in
exchange For River Ridge Development Authority's agreement to dedicate the Road to public use,and
WHEREAS,on May 16, 2016 the Board adopted Resolution No. 39-2016 acknowledging the
completion of the work by Hughes and authorizing the dedication of the Road into the road
maintenance inventory of the Town of Utica;and
WHEREAS, Hughes has determined that the Road must be disannexcd from the City of
Jeffersonville bci'ore Utica will accept it into its road inventory;and
WHEREAS,the Executive Director should be authorized to execute a petition to disannex the
Road From Jeffersonville;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
RIVER RIDGE DEVELOPMENT AUTHORITY AS FOLLOWS:
The F',xecutive Director is authorized to execute a petition to disanncx that portion of South
Boundary Patrol Road as illustrated in Exhibit A and described in Exhibit B from Jeffersonville in
order to lay the groundwork to file a petition with Utica to make the Road a pari of Utica's road
inventory.
RESOLVED BY VOTE OF THE BOARD ATA DULY CALLED REGULAR MEETING OF
THE BOARD OF DIRECTORS FOR THE RIVER RIDGE DEVELOPMENT AUTHORITY
ON AUGUST 15,2016.
Attest: Mark Robinson,President
Attest; .. ,,. •- �� - m Kim Matthews,Secretary/'Treasurer
EXHIBIT D
RESOLUTION NO.39-2016
A RESOLUTION DEDICATING A PORTION OF
SOUTH BOUNDARY PATROL ROAD TO THE
TOWN OF I.JT1CA FOR PUBLIC USE
WHEREAS, on lune 22, 2015 the Board adopted Resolution No. 49-2015 approving an
agreement with Hughes Development, LLC ("Hughes") granting to Hughes the non-exclusive use of
the portion of South Boundary Patrol Road that serves Quarry Bluffs Estates subdivision,as illustrated
in Exhibit A and described in Exhibit B(the"Road") in exchange for Hughes making improvements
to the Road; and
WHEREAS, the agreement stated that RRDA will cooperate with Ilughes in having the Road
dedicated for public use into the road inventory of a public entity upon Hughes making Road repairs,
installing a final surface layer of asphalt to the Road, and realigning Paul Garrett Avenue into the
Road;and
WHEREAS,all such work has been completed by Hughes;and
WHEREAS, the Town of Lhica has indicated its willingness to accept the Road into its road
inventory and to maintain the Road as a public road;
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
RIVER RIDGE.DEVELOPMENT AUTHORITY AS FOLLOWS:
The Executive Director is authorized and directed to execute a petition or application to the
'Down of Utica, Indiana, to dedicate the Road for public use and for Utica to maintain the Road as a
public road. General Counsel is authorized and directed to prepare such petition.
RESOLVED BY VOTE OF THE BOARD AT A DULY CALLED REGULAR MELTING OF
THE BOARD OF DIRECTORS FOR THE RIVER RIDGE DEVELOPMENT AIJTHORITY
ON MAY 16,2016.
Attest:.--,, b"111"q4 J.Mark Robinson, President
Attest:
�-..... Kim Matthews, Secretary/Treasurer
BEFORE THE BOARD OF PUBLIC WORKS FOR
THE CITY OF JEFFERSONVILLE,INDIANA
NOTICE OF PETITION FOR DISANNEXATION
NOTICE IS HEREBY GIVEN that the River Ridge Development Authority and Hughes
Development LLC have filed a petition before the Board of Public Works for the City of Jeffersonville,
Indiana, requesting that a parcel of real estate owned by them be disannexed from the corporate boundaries
of the City of Jeffersonville, Clark County, Indiana. The territory sought to be disannexed is described as
follows:
Being a part of Sun-eys#l'and 2'of the Illinois Grant to ClarkCow►ty.Indiana and being fitrther
described as follows:
Beginning at a storm on the conation corner of Surveys 1"'.26 and 21.Thence N.54•22'50"E..alone file
line dividing said Surveys 1'and 2t 1+0.99 feet to THE TRUE PLACE OF BEGlNltillNc
Thence S.22.15'33"E.. 112.03 feet.
Thence 192.31 feet along the arc of a 400 foot radius,curve to the right.concave westerly.being
subtended by a chord bearing S.8.29'09"E.. 190.46 feet:
Thence S.5.17'14"W..81.39 feet:
Theme S13.43*51'E-60.01 feet to apt eastern lite ofR ver Rause Cotttttterce Center and a western lisle
of Quarry Bluff as shown in Plat Book 13.Page 32 of said Comity records:
Theme N3*1714"E..along said easier►lane. 195,09 feet to a steeel fertee post on a corner of.said Ricer
Rimae:
Thence N.22.15'33"R'..alone a line of said River Ridge.474.84 feet to a steel fence post on a corner of
said River Ridge.
Thence X'•35V5**E-along a litre of said River Rifle. 125.97 feet to a steel fence post on a Costner of
said River Ridge.
Thence N.39.46'59"E..along a litre of said River Ridge.399."feet to a steel fence post on a corner of
said Ricer Ri&e:
Thence X.9#2W07"E,.along a line of laid Ricer Ridge._21.3.2 feet to a steel fence post on a corner of
said River Ridge:
Thence N.66.18`21"E..along a line of said Ricer Ridge.252:4?'feet to a steel fence post on a corner of
said Ritter Ridge:
Thence N.52.16'21"E..along a lute of said Ricer Ridge.290.19 feet to a steel fence post on a corner of
said Ricer Ridge:
Thence N.59.19'52"E.,along a litre of said River Ridge. 132.16 feet to a steel fence post on a coiner of
said Ricer Ridge.
Thence 5.63.42'53"E.,along a lite of said Ricer Ridge.226.41 feet to a steel fence post on a coiner of
said River Ridge:
Thence N.2I*24'23"E..along a line of said Ricer Ridge.8'.15 feet to a steel fence post on a corner of
said Rater Ridge:
Thence N.63.42'53"W..234.09 feet.
Thence 5.59.19'52"W,.200.42 feet:
Thence S.52.16'21"W..286.51 feet,
Thence S.66,18'21"W.,248.74 feet:
Thence 5.59.20'07"W..235.32 feet:
Thence S.39.46'59"W..427.42 feet;
Thence S.7.35'05"W., 159.27 feet:
Thence S.22.15'33"E.,266.04 feet to THE TRUE PLACE OF BEGINNING,
Containing 3.44 acres and being subject to all easements of record.
NOTICE IS FURTHER GIVEN that the Board of Works for the City of Jeffersonville,Indiana,
shall conduct a hearing on such petition on the day of 2016,at
,at
o'clock m. Interested parties may appear and remonstrate and the public is invited to attend.
DATED this day of ,2016.
Signature of Authorized Person
Printed Name
Title