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Home My WebLink About2005-R-02 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL RESOLUTION NO. 2005- RESOLUTION AUTHORIZING THE PARTIAL TERMINATION OF SCENIC, OPEN SPACE AND CONSERVATION EASEMENT Whereas, pursuant to that certain Deed of Scenic, Open Space and Conservation Easement dated November 30, 1984, and filed of record in the office of the Recorder of Clark County, Indiana in Deed Drawer 16, as Instrument No. 13136 (the "Easement"), H. L. Perrin conveyed to the City a conservation easement with respect to 94,479 acres, more or less, of land situated in Shares 3 and 4 of the Lawford White Portion in Survey No. 4 of the Illinois Grant, Jeffersonville, Township (the "Property"); and, Whereas, The Perrin Family Park Foundation, Inc., an Indiana not-for-profit corporation (the "Foundation"), is the current owner of the Property; and, Whereas, The Foundation has entered into an option to purchase and sell that certain approximately 2.5 acre portion of the Property more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Option Property") to Cherokee River, LLC or purposes of incorporating the Option Property into a development .previously considered and denied by the Jeffersonville Plan Commission; and, Whereas, The Foundation has requested that this Common Council terminate the Easement as it relates to the Option Property so as to enable Cherokee River, LLC to move forward with seeking the appropriate development approvals to develop the Option Property in partial resolution of certain legal proceedings between Cherokee River, LLC and the City of Jeffersonville Plan Commission; and, Whereas, This Common Council has timely posted notice of its intent to consider the proposed termination of easement at the regular meeting scheduled for January 24, 2005 at 7:30 o'clock p.m.; and, Whereas, following discussion of the requested termination this Common Council resolves as follows: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville, Indiana, that the Scenic, Open Space and Conservation Easement dated November 30, 1984, and filed of record in the office of the Recorder of Clark County, Indiana in Deed Drawer 16, as Instrument No. 13136 (the "Easement") be terminated with respect to the real property described in the attached "Exhibit A;" and IT IS FURTHER RESOLVED that the Mayor of the City of Jeffersonville, be and is hereby authorized to execute and cause to be filed of record all termination statements or other instruments indicating that the Easement is terminated with respect to the foregoing real property. SO RESOLVED this ~ ~ day of January 2005. com4 _ THE C~TY OF JEFFE.~jONVILLE, By: Presiding Officer ATTEST: Peggy-W.l~ Clerk-Treasurer P. resented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this ~ day of January 2005. Clerk-Treasurer This Resolution approved and signed by m~ Robk. s~"L. Wai of January 2005. Jr., Mayor PAUl. PRIMAV£RA & ^$SOCIATE$ 01~4~5 ,Cherokee Rivet, LLC from The Perrin Family Park Foundation, Inc, The following is a legal description prepared this 22~ day of Sanuary, 2005, of real property being a part of Survey #4 of the Illinois Grant, Jeffersonvilie Township, Clark County, Indiana, more particularly described as follows: Conunencing at the Westerly comer of said Survey #4; thence along th~ line dividing Survey ~4 and Survey #3 South 35' 57' 19" East 5628.91 feet to the Northerly right-of-way of Utica Pike; thence along said right-of-way North 65' 37' 26" East 649.85 feet to a steel pin and cap as set by Victor McCauley and the point of beginning; thence leaving said right-of-way along the lines of that property conveyed to The Pen'in Family Park Foundation, Inc., in Deed Drawer 21, · Instrument #12120, in the office of the Recorder of Clark County, Indiana, as follows: North 35' 54' 59" West 403,51 feet to a steel pin in concrete; than~ South 55' 48* 05** West 139.71 f?et to a steel pin in concrete; thence North 36' 33' 28" West 61.71 feet to a steel pipe in concrete; thence South 54' 04' 10" West 117.02 fcet to a steel pipe in concrete; thence North 35' 56' 38" West 89.72 feet; thence leaving said lines North 56' 53' 32" East 383.50 feet to the Southweste£1y line of that property conveyedto Cherokee River, LLC, in Instrument #200123041, in said Recorder's office; thence along said Southwesterly line South 35' 55' 13" East 565.96 feet to a ~ted pipe on the Northerly right-of-way of Utica Pike; thence along said right-of-way South65' 37' 26" West 128.27 feet to the point of beginning, containing 2.302 Acres, more or less. Being a part of that property conveyed to The Pen'in Family Park Foundation, Inc., in Deed Drawer 21, Instrument # 12120, in the office of the Recorder of Clark County, Indiana. Being subject to all easements, restrictions, and rights-of-way of record. T:%d~en~s'U ~,~on'~Desc~pt~oxt\941 M~s~.wpd 301 E. Chestnut Street, P.O. Box 1~, Corydon, IN 47112 PllOne: (812) 738-4124 Fax: (812} 7BB-6740 e-mall: pprimavera~primavera,win,net EXHIBIT '~'A" PARTIAL TERMINATION OF SCENIC, OPEN SPACE AND CONSERVATION EASEMENT This Partial Termination of Scenic, Open Space and Conservatior_ Easement is made and entered into this the day of January, 2005, by and between the City of Jeffersonville, Indiana (hereinafter referred to as the "City"), and The Perrin Family Park Foundation, Inc., an Indiana not-for-profit corporation (hereinafter referred to, whether one or more, as the "Foundation"). WlTNESSETIt: WHEREAS, pursuant to that certain Deed of Scenic, Open Space and Conservation Easement dated November 30, 1984, and filed of record in the office of the Recorder of Clark County, Indiana in ]Deed Drawer 16, as Instrument No. 13136 (the "Easement"), H. L. Perrin conveyed to the City a conservation easement with respect to 94,479 acres, more or less, of land situated in Shares 3 and 4 of the Lawford White Portion in Survey No. 4 of the Illinois Grant, Jeffersonville, Township (the "Property"); and WHEREAS, the Foundation is the current owner of the Property affected by the Easement and has requested that the City ~tgree to terminate the Easement with respect to the that portion of the Property described in Exhibit "A" attached hereto and made a part hereof and shown on Exhibit "B" attached hereto and made a part hereof (the "Released Property") and the City has consented to same; and NOW THEREFORE, in consideration of the sum of one dollar ($t.00) and other good and valuable consideration, and as authorized by IC 32-23-5-5, the parties hereto agree as follows: 1. The Foundation and the City hereby terminate the Easement as the same relates to the Released Property and agree that the terms and provisions of the Easement no longer apply to the Released Property. 2. Except as expressly set forth herein, the Easement remains unmodified and in full force and effect with respect to the balance of the Property. IN WITNESS WHEREOF, the parties hereto have executed this Termination of Real Estate Contract and Quitclaim of Interest in Real Property on the date first written above. THE PERRIN FAMILY PARK FOUNDATION, INC, an Indiana not-for-profit corporation ATTEST: Peggy W i-k~ Clerk-Treasurer By: Nanle~ Title: By: Robert L~/~z, Jr.['~''/ ?' , Mayor STATE OF INDIANA COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for the above-named County and State, this the __ day of January, 2005, personally appeared , as of The Pen'in Family Park Foundation, Inc., an Indiana not-for-profit corporation, and acknowledged the execution of the foregoing Partial Termination of Scenic, Open Space and Conservation Easement. WITNESS my hand and notarial seal. My Commission expires: Notary Public Printed Name Resident of . County STATE OF 12XYDIANA COUNTY OF ff-~4~ ) ) SS: ) .~ 7~ BEFORE/~[E, the undersigned, a Notary Public in and for the above-named County and State, this the _ c(-' day of ~ .(q~l. tg~.. , 2005, personally appeared Robert L. Waiz, Jr., as Mayor, and Peggy Wilder, as Clerk-Treasurer, 'o/f the Ci~'y of Jeffersonville, a body politic, and acknowledged the execution of the foregoing Partial Termination of Scenic, Open Space and Conservation Easement. WITNESS my hand and notarial seal. My Commission expires: l~otary P~blic Printed Name Resident of This instrument was prepared by: Alan M. Applegare APPLEGATE MULL & FIFER 131 East Court Avenue, Suite 101 Post Office Box 1418 Ieffersonville, Indiana 47131-1418 (812) 284-9499 County PAU.[. PRIMAVI~'RA & ASSOCIATES 01124/05 Cherokee River, LLC from The perrin Family Park FoUndation, The following is a legal description prepared this 22~a day of January, 2005, of real property being a part of Survey #4 of the Illinois Grant, Jeffersonville Township, Clark County, Indiana, more particularly described as follows: · Commencing at the Westerly comer of said Survey #4; thence along the line dividing Survey ~4 and Survey #3 South 35' 57' 19" East 5628.91 feet to the Northerly fight-of-way of Utica Pike; thence along said right-of-way North 65' 37' 26" East 649.85 feet to a steel pin and cap as set by Victor McCauley and the point of beginning; thence leaving said right-of-way along the lines of that property conveyed to The Perrin Family Park Foundation, Inc., in Deed Drawer 21, instrument #12120, in the office of the Recorder of Clark County, Indiana, as follows: North 35' 54' 59" West 403.51 feet to a steel pin in concrete; thence South 55' 48' 05" West 139.71 feet to a steel pin in concrete; thence North 36° 33' 28" West 61.71 feet to a steel pipe in cbncrete; thence South 54' 04' 10" West 117.02 feet to a steel pipe in concrete; thence North 35' 56' 38" West 89.72 feet; thence leaving said lines North 56' 53' 32" East 383.50 feet to the Southwesterly line of that property conveyed to Cherokee River, LLC, in Instrument #200123041, in said Recorder's office; thence along said Southwesterly line South 35° 55' 13" East 565.96 feet m a ~teel pipe on the Northerly right-of-way of Utlca Pike; thence along said fight-of-way South65' 37' 26' West 128.27-feet to the point of beginning, containing 2.302 Acres, more or less. Being a part of that property conveyed to The Perdn Family Park Foundation, Inc., in Deed Drawer 2 !, Instrument # 12120, in the office of the Recorder of Clark County, Indiana. Being subject to all easements, restrictions, and rights-of-way of record. T:ldocummt s~J ~on~.s~ripiiortk~4 i 3de~c.wpd 301 E. Chest~lut Street, P.O. Box 123, Corydon. IN 47112 Phone: (812) 738-4124. Fax: (812) 738-6740 e-mall: pprlmavera@primavera.wln.net EXHIBI[T "A" o/ i~ ..... 3a3,5o' ~' ~ '"-- ,j.=~ s54.o¥1o~w ~ 2.302 ACRES ~ 117.02' M/L ~ ~S~LY CORNER ~ OF SUR~ ~ ~ s5~'~s'°~"W 139.71' LEGEND STEEL PIN tN CONCRETE $3[EL PIPE IN CONCRETE FENCE PIN AND CAP AS SET 8Y MoCAULEY UNE Drvl01Ng f su.vEy SURVEY ~RQPERTY IN 'THE NAME OF.' THE PERRIN FAMILY PARK FOUNDA~ON, tNC. DEED ORAWER 21, INS3~qUMENT 12120 Oats: 01/22/05 aob ~o, 0~-9~3 PAU~ P~IMAVff~ O~n a~ ~C [ ~D ASSOCIA~ ~d Work C~pleted: N/A,. .... Clien~ CHEROKEE RI~, Township: ~RS~LLE C~nt~ CLARK Prop. Desc. PT OF SURLY Or ~E I~NOIS ~AN~. Cot)doff, Indlano 47112 812-738-4,124 EXHIB][T "B"