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HomeMy WebLinkAbout2003-OR-46 ORDINANCE NO. 2003-OR- 46 AN ORDINANCE ANNEXING CONTIGUOUS TERRITORY BY 100% VOLUNTARY PETITION WHEREAS, George Schlosser and Mary Schlosser. the owners of real estate (hereinafter "the Parcel") located outside of. but contiguous to. the City of Jeffersonville (hereinafter "the City") have filed a petition requesting annexation of the Parcel (the "Petition"). which Petition is attached hereto as Exhibit "A" and incorporated herein by reference: and WHEREAS, the petition was set for public heating on November 10. 2003 at the meeting of the Jeffersonville Common Council (the "Council"); and WHEREAS, notice of the public hearing on the Petition was published in the Evening News on October 18, 2003: 'and on November 15. 2003; WHEREAS, the public hearing was continued from November 10, 2003 to November 17, 2003; WHEREAS. on November 17, 2003, the Council continued the public heating to December 15, 2003; WHEREAS. after holding a public heating at its regularly scheduled meeting of December 15, 2003, the Council believes it is in the best interests of the City that the Petition be granted and the Parcel be annexed into the City; NOW, THEREFORE. BE IT HEREBY ORDAINED that. pursuant to the prowsions of Indiana Code 36-4-3-5.1. the Fiscal Plan attached hereto as Exhibit "B" is hereby adopted and the Parcel is hereby annexed into the City as a portion of the Fifth Municipal Legislative District; and IT IS HEREBY FURTHER ORDAINED that pursuant to the provisions of Indiana Code 36-4-3-22, the Clerk-Treasurer of the City of J effersonville is hereby ordered to: 1. File this annexation ordinance with the Clark County Auditor. the Clark Circuit Court Clerk. the Clark County Board of Registration, the Indiana Secretary of State. and the Offtce of Census Data, all pursuant to the provisions of Indiana Code 36-4-3-22~a)(1), and 2. Record a copy of this annexation ordinance in the office of the Clark County Recorder. This Ordinance shall be in full force and effect from and aft~ Passed this ~) day of ~.~a ~01-, 2004. ~ Robert L. Waiz, Pi ATTEST: and approval. ;sage tiding Officer Pegg~X~ilder Clerk and Treasurer Presemed by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this (o dayof_.?~,,~c~ ,2004at (~'.'~9'clock ~ .m. Peggy Wil&?'~ Clerk and Treasurer This Ordinance approved and signed by me this ~ Robert L. Waiz, I~ iayor 2004 PETITION FOR ANNEXATION INT~ THE CITY OF IEFFERSONVILLE George Schlosser and Mary Schlosser , Owners of100% ofthcreal estate described in Exhibit A, attached hereto and incorporated herein by reference, do hereby petition the City of Jeffersonville for voluntary annexation into the City of the real estate described in Exhibit A, which is contiguous with the existing corporate boundary of the City of Jeffersonville. OWNERS:, Georg'e end Mary Schlo ,Owner~, by William T. Niemier to the at%ached "Land Owners' Ccnsent" pursuant , Owner William T. Niemier chief Counsel Indiana Port Commission 150 W. Market Sgreet, Sui%e Indianapolis, IN 46204 (317) 232-9204 100 LAND OWNERS' CONSENT The undersigned owners of approximately 66 acres of land, adjacent to the Clark Maritime Cente~, located between the property previously sold by the undersigned to the Indiana Port Commission and Middle Road, in Clark County, Indiana, hereby consent to and authorize the Indiana Port Commission to begin the formal process to cause this property to be annexed by the City of Jeffersonville and to obtain I-2 zoning stares for this property. The undersigned hereby appoint William T. Niemier, Chief Counsel, Indiana Port Commission as their power of attorney solely for and limited to the purpose of signing their names, as the owners of the above described property, to any applications, pleadings, notices, or other documents required to cause this property m be annexed into the City of Jeffersonville, Indiana and to change the zoning classification of this property to I-2 stares. Dated: 9- ~ 0 '5 George ~chlosser Dated: "'fi-fi' - 03 Jacobt, Toombs and Lanz,'inc, Consulting Engineers 120 BellAvenue ClarksviIle, tnd[ana 47129 812 288-6646 FAX: 812 288-6656 SCHLOSSER IN SURVEY//13 DESCRII~TION OF A 63.350 ACRE TRACT OF SCHLOSSER A part of Survey bio. 13 of the Illinois Grant in Clark County, Indiana, being a part of the same tract conveyed to Dellinger at Will Drawer 7, Instrument No. 927 and Schlosser at Deed Drawer 23, Instrument No. 9052 and bounded as follows: Beginning at a stone in the dividing line of Surveys No. 13 and No. 14 which marks the east comer of Survey bio. 13, thence the following courses of the boundary: South 54 deg. 10 min. 44 sec. West, 1306.88 feet along the dividing line of Surveys No. 6 and No. 13 to a stone in the northeastern line of Pfau (Deed Drawer 26, Instrument No 16236); North 35 deg. 45 min. 40 sec. West. 2068.71 feet along the northeastern line of Pfau to the southeastern right-of-way of Middle Road marked by an iron pin and cap; North 50 deg. 19 min. 51 sec. East, 118.14 feet leaving said Pfau line and along said right-of-way to an iron pm and cap; North 44 deg. 36 min. 35 sec. East, 100.50 feet along said right-of-way to an ken pin and cap; North 50 deg. 19 min. 14 sec. East, 142.46 feet along said right-of-way to an iron pm and cap; Thence 198 34 feet along said right-of-way on a curve to the right having a radius of 4272.28 feet and a chord which hears North 51 deg. 39 min. 01 sec. East, 198.32 feet to an ken pin and cap; North 52 de~_. 58 min. 43 sec. East. 753.43 feet along said right-of-way to the dividLng line of Survey No. 1.3 and No, 14 marked by an iron pm and cap; South 35 deg. 39 min. 55 sec. East, 2127.47 feet along said dividing il'ne to the True Place of Beginning and containing 63.350 acres of land. Subject to the following right-of-wa} easements to Watson Rural Water Company at: Deed Record 273. page 204 Deed Record 273, page 205 Deed Record 273, page 206 Deed Rec~r~I ~-o page ~-4'~ Deed Drawer 19. lnstrumem No. !.4266. location indeterminate And also, an easement to Gilmore Construction, Inc at Deed Drawer 28. Instrurnen[ 11.908. John H. Toombs, Jr. P.E. Jotge I. Lanz, P.E. Z FISCAL PLAN FOR VOLUNTARY ANNEXATION OF THE VOLUNTARY ANNEXATION OF CONTIGUOUS PROPERTY INTO THE CITY OF JEFFERSONVILLE Within one year of the effective date of the proposed annexation of the property described in Exhibit A. attacheo hereto and incorporated herein (the "Schlosser property"), the City of jeffersonville (the "City") will provide the following non-capital services to the Maritime Centre in a manner equivalent in standard and scope to the same services the City currently prowdes to other areas within its corporate boundaries: I Police Protection - The City will not incur any additional cost to provide police protection to the Ma ritime Centre. 2. Fire Protection - The City will not incur any additional cost to provide fire protection to Maritime Centre. 3.Sanitation Services - The City wil~ not incur any additional cost to provide sanitation services to the Maritime Centre. 4. Street and Road Maintenance Services - The City will not incur any additional cost to p ,ovide street and road maintenance services to the Maritime Centre. Within three years of the effective date of the proposed annexation of the property described in Exhibit A, attached hereto and incorpc ,ated herein (the" Schlosser Prope Y ), the City of jeffersonville (the "City") will p rovide the following capital services to the Maritime Centre in a manner equivalent in standard and scope to the same services the City currently provides to other areas within its corporate boundaries: 1, Sewer Facilities - The City will not incur any additional cost to prowde sewer service to the Maritime Centre. 2. Water Facilities - The City will not incur any additional cost to provide water service to the Maritime Centre. 3. Street Construction - The City will not incur any additional cost to construct streets to the Maritime Centre property. 4 Street Lighting - The City will incur only a m~nimal marginal increase in cost to provide street lighting. Consulting Engineers Jacobi, 'roombs and Lanz,'inc. ~ 120 ~.,ell Avenue Clarksville, Indiana 47129 8~2 2~8-684~ FAX; 812 288-~656 SCtlLOSSER lan SURVEY #13 DESCP, II~ION OF A. 63.350 ACRE TRACT OF SCI-ILOSSER A part of Survey No. 13 of the Illinois Grant in Clark County, Indiana, being a pan of the same tract conveyed to Deilinger at Will Drawer 7, Instrument No. 927 and Schlosser at Deed Drawer 23. Instr~ment No. 9052 and bounded as follows: No. 13 and No. 14 which marks the east Be=mnm= at a stone in the dividing line of Surveys corner of Survey No 13. thence the following courses of the boundary: South 54 deg. 10 min. 44 sec. West, 1306.88 feet along the dividing line of Surveys No. 6 and No. 13 to a stone in the northeastern line of Pfau (Deed Drawer 26. Instrument No. 16236); North 35 deg. 45 min. 40 sec. West. 2068 71 feet along the northeastern line of Pfau to the southeastern right-of-way of Middle Road marked by an iron pin and cap; North 50 deg. 19 n-J.n. 51 sec. East, 118 14 feet leaving said Pfau line and along said right-of-way to an iron pin and cap; North 44 deg. 36 min. 35 sec. East, 100.50 feet along said right-of-waY to an iron pin and cap; North 50 deg. 19 min. 14 sec. East, 142.46 feet along said right-of-way to an iron pin and cap; Yl'hence 198.34 fee[ along said righ[-of-way on a curve to the right having a radius of 42'72.28 feet and a chord which bears North 51 deg. 39 min. 01 sec. East, 198.32 feet to ma iron I: m and cap; _~ ., to the dividing tine of North 52 ae~. 58 min. 43 sec. East, 7~.4~ ~eet alon'~ said right-of-way Survey No 13 and No. 14 marked by an tron pin and cap; South 35 deg. 39 min. 55 sec. East, 2127.~7 feet along said dividing line to the True Place of Begirming and containing 63 350 acres of land Subject tc the following righ[-of-way easements to Watson Rural Wa[er Compxny at: Deed Record 273, page 20~ Deed Record 273. page 205 Deed Record 273, page 206 Deed Drawer 19. Ins[rumenr And also, an easement to Gilmore Cot',struct on, Inc. al Deed Drawer 28 lns:rumem 11908. John H. Toombs, Jr, P.E. Jorge I. LanZ, P.E. HE EVENING NEWS LINE COUNT F,om: 22!. Sprhv~ gr. P.O. B~ 86? ill ¢Y, CC$$ OI tWO ..................... FEDERAl, Il)# 63-1283141} pU BI.ISHISICS AFFIDAVIT Clark County SCHLOSSER IN SURVEY #13, DESCRIPTION OF A 63,350 ACRE TRACT OF SCHLOSSER aha contain ng 63.360