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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!! 17;s?7ww/v ti..b.en Af"'*J fP P"PC..f of dcdkot(.4.1 SPu}P PUVa1 NoW. 11.Pr�+PO..d o 6' 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 D 4x' ty • w IDO 902M Grp affaftem 0 J � pqU z JJNC TABtz AftA MAVJ?l0/ f S a t i t ii3J 2 ' N A'l6'60 C ,15 qyN wwor EE, 24 38 S C 31�1i4 '� ♦ '+S'f 2UA X9 �591'10 K oil w i �� � s 279511 r 2ffia.c4 r;URW TAME 1 4w 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