HomeMy WebLinkAbout2002-R-07 RESOLUTION NO: 02-R-7
TOWN OF UTICA'S REQUEST FOR AUTHORIZATION
FOR VOLUNTARY ANNEXATION OF THE PROPERTY OF
OWNED BY LPI INVESTORS~ LLC
WHEREAS, LPI Investors, LLC have petitioned the Town of Utica, Indiana
for the voluntary Annexation of the real estate described in the attached Exhibit
A; and
WHEREAS, the Town of Utica wishes to consider the petition; and
WHEREAS, the Town of Utica requests the City of Jeffersonville to
consent to the proposed annexation of the real estate described in Exhibit A;
and
WHEREAS, the City of Jeffersonville must consider this request for
voluntary annexation pursuant to state law; and
WHEREAS, Alan Applegate, Attorney for LPI Investors, LLC, has
appeared before the Jeffersonville City Council on March 18, 2002 at a lawfully
advertised meeting and has tendered the Town of Utica's request upon the
record and before the common council of the City of Jeffersonville, Indiana; and
WHEREAS, the Common Council, having considered the Town of Utica's
request, believes that it is in the best interest of the City of Jeffersonville that the
Town of Utica annex the real estate described in Exhibit A.
NOW THEREFORE, BE IT HEREBY RESOLVED that Common Council
of the City of Jeffersonville, Indiana does hereby consent to the Town of Utica's
request to annex the real estate as described in Exhibit A.
This Resolution shall be in full force and effect from and after its passage
and approval.
Passed and adopted this ~ day of March, 2002 by the Common
Council of the City of Jeffersonville, Clark County, Indiana.
ATTEST:
Peggy ~l~r
Clerk -Treasurer
Presented by me as Clerk -Treasurer to the Mayor of said City of
Jeffersonville this ~O dayof March 2002.
Peggy Wfrld~r
Clerk-Treasurer
Approved and signed by me this '~o day_of March 2002.
Thomas R. Galliga~Ma!
TRACT I
A part Of SurVey No. 17 of the Illinois ~l~nt i~ the Utica Township of Clark
County, Indiana being apatt of the same tract coni~eyed to Lontz Properties, LLC
at Deed Drawer 29, Instrument No. 21810 end bounded aa follows:~ C0mmenoin$.
at a stoha found in the i0uthessterly line of Survey Ilo. 25 whid~ marks tho
westernmost earner of SurVey Ho. 17, thgn~o, tho followit~t oo~os:. North 5.4
dog. 24 mia. 0l soo. Bast, 2564.72 foot pa~ spin sad oep at 330.00 fool sot by
Paul Moftbtt, L~g. lqo. 11461 along tho lisa dividing 8mwy lqo. 17 With ,qurvoy
No, 25; ,qonth 35 deg. 52 min. 08 soo. ]~a~t, 1457.48 foot lenving tho dividing line'
between ,qtcrvoya No. 26 and No. 17 to an iron pin set in tho bour~dory fanoo Of tho
. Indiana Ashy Ammmdtiona Plant (INAAP), tho Trna ¥1~o of Bogiuntng; then~ -
tho following oourses of the boundary; North 43 dog. 13 min. 52 soo. Bast,
1942.46 feet along said INAAP boundary f0noe, to ~ iron 'pin sot, being a ~omer
to a treat ~nvoyed .to Martin Marietta Materials, Ina. at Deed Drawe~ 26,
lnatrmnent No. 14369; South 35 deg. 31 min. 12 soo. l~aat,'1234.11 feet leaving
said INAAP boundary along the line of said Mai'tin Marina treat er0ssing the'old
quarry t6 an iron pin; North 86 dog. 08 min. 51 soo. East, 139.00 foot oontinding
along said Marlin Meriott~ line, to an iron pin; Sou. th 37 deg. 54 mia. 12 soo. tiaat,
196.79 fool to a stone found bting th? wosterar0est ~ur~aor of a'~aot ~nveyed to
Collins Company at Dead Drawer 26, luatnnneot No. 12632; South 37 dog. 54
min. 12 soo.'Hast, 1~3.20 f~ot leaving said Martin Marietta line, along the line of.
said Collins treat to aa iron pin sot; ,qouth 11 deg. 23 min.'21 aaa. Bast 99.97 f~ot
continuing along said .Col!ina lin~ to an iron pin set; South 08 dog. 17 min. 42 soo.'
Weal, 132.06 fo~t to t~ found atuno; South 35 d~$. 4~ mba. 4~ t~o. li~aat; 183.59
fe~ to a mag nail sells 'Upper River Road; South 35 dog. 32 min. 17 soo. Bast,
207.62 feet tea point in tho Ohio River a~ 'shown on a plat propel'od by lames
Bintng~r, County ,qmvoyor dated Maroh 15, 1956, said point bgtng in tho
boundary hotwe~a tho State of IMiana and tho ,qtato of I(oittuoky; 8onth 07 deg.
06 min. 48 soo. West, 250.00 feet leaving said Collins line ~.dong said state lht~
and tho River for tho n~t three nslls; ,qoiah 12 dog. 18.min. 48 s~. West 1000.00
f~ot; ,qouth !6 dog, 32 min. 48 soo. Wag, 600.00 foot; South 18 dog 40 .mh~, 49
soo. Wag, O1.86 ~ot to tho nmthoagerly line of a trsot r, pnvoy~i J0 Manloy at
Deed Drawer 21, Ine.~ent NO. 11698; North 35 deg. 19 min. I11 soo. Wag,
154.58 f~t leaving said atatO line and tho Ohio River along .said Menlo's'Line t9
. a mag ns~l sot in Upp~ River Road; North 35 do~. 19 mis, 21 soo. West, 1064.62
foot oonflnuing at6ng said Manloy'e line to an iron pin sot; South 54 deg. 02 min.
Page, 1 .of 3
· the w~terly comer of sari] Manley traot being ~ ~ ~t~ly !in~ et
~c~ in ~e H.P Ho~e p~flon ~ Pmiflo~ l,:p~ 30~-315~ N~ 35
deg. 52 m~. 08 see. W~t~ 203.33 ~et ~ a ~om in ~d Howe l~;
52 ~. 08 ae~. 'W~, 691.35 f~t to g n~ in said ~we Hue'
no~e~t~ly eom~ of 8~ No 3 of a~d Howe's p~on p~t; No~ 35 dbb 52
m~. 03 n~. W~t, 53~.59 feet to ~ lr~ p~.found in s~d Howe ~ b~ the
: appar~ no~astmly corem of a ~t oonveyed to F~h at De~ Drawm 8,
Ins~t No, 12749; No~h 35 d~g. 52 ~n. ~ s~. W~t, t80.97 f~t to a stono
fo~d ~'s~d Howe line,' b~g s~d Fr~oh's no~orly e~ a~ b~g'~o
~t~ly oo~ o~ Sh~ Ho. 1 of s~d Hgwo p~flbn c0uvoyod to Bohloa~
.' ~oa.~u m~ along said Hgwo ~ be~S the o~tmly ~o o~ s~d
~on pin set at ~e home,truly o~er of s~d Howe p~fion~ Ho~ S4 dog. 26
m~. 03 s~. ~aet, 2g0.00 f~t lea~g s~d Hews ~ne; along said ~o~'s
to an iron pin s~t; No~ 35 &g. ~2 ~n. 08 sec. W~a, 18138 feet ~. ~ True
Pl~e of Besides. T~ Hoxt~t~ Dat~s of B~d~s
obso~a~o~ t~c~ on D~b~ 6 and 7, .2~0 by ~is ~mpm~y
· as~ ~d d~t-ot, ways r~od or
follows: A p~ of S~ No.' 17 ofth~ I1~o~ ~mt ~ ~ Utioa To~p'of
. LLfi, '~'~ ~ted M~ility. Comp~Y.a D~d Drawm 29, I~mt N~.
21~10 ~ bo~d~ ~'~llowa: Co~ins at ~ h'on ph~ set ~ th~'bouna~y.
f~o~ of~ ~, .whi~ ~s a nd~hw~terly corgm of
throe ~b'fo~owlng ~oms~: South 3~ d~g. ~2 ~nl 08 soo.
~ong ~e nor~astedy 1~ of a tt~t conwy~' to Saltiest'at D~d DraWm 23,
Inskument 90~2 ~ m iron pin s~t; Sou~ 3I &S..52 m~.'0g ~.
l~ving s~d SoMossm ~n~ ~d ruing a~ss ~aid ~.~op~ty~ Nq~h
0~ min. 52 s~. E~t, I~7 7~ f~t at a. fi~ susie to said SchlosS~r hn~
of B~g; ~c~ ~ ~llow~s ~s~ o:f ~e bout: No~ 56 &g. 42
&g, 03 ~. 01 sec. ~t, 54.07 ~t con~uing ~o~ ~d f~
f~oa'~ So6~ $6 &~. 42 m~. 20'~o. W~t, 42.07 f~
com~ of s~d f~; No~ ~ deg. 03 ~ 01'sm, ~t, ~.07 f~t ~ a~d
~A~ ~
A part of Survey No. 17 of the Illinois (]rant in tho Utica Tovmship'of
Clark CountyIndiana Md bounded as follows:
Commencing at S stone found in 'the ~outh~Sterly line of Survey NO. 25
whioh murks the westernmost comer of Survey No: 17, .thence the'
following, courses:
Page
Narth 54024 01, East,. 2564.72 £ect passing a pin and cap at 330.00 feet.
set by Paul Moffet, L.S. No. 11461, along the line dividing surveys No. 17
and No. 25; Thence South 35°52'08'' East, 1457.48 feet leaving said
dividing line to an iron pin, being the corner of a 139.552 acr~ tract
conveyed to LPI Investors, LLC at Instrument No. 200102374 and the
Indiana Army Ammunition Plat (INAAP); Thenc~ North,45°13'52"Eaat,
1942.46 feet along the line dividing said 139.552 acre tract and INAAP
property to an iron pin, the TRUE PLACE OF BEGINNING. Thence tho
following courses of the boundary:
North 43°13'52" East, 338.13 feet leaving said 139.552 acre t~act along
said INAAP boundary to'an iron pin set; Thence North 05°15'58'' East,
683.40 feet along said INAAP property to a point in said INAAP:fence
being a corner of the Clark County Casting and Conservation Club
(C.C.C.C,) prot~rty; Thence North 53°42'37" East, 347.91 feet along said
C.C.C.C, property to a found stone, passing an iron pin set a 5.00 feet;
Thence South 44°46'23" East, 850.96 feet along said C.C.C.C. property to
a found concrete monument with an iron pin; Thence South 02007'27"
West, 1175.86 feet along said C.C.C.C. property to a found concrete
monument with an iron pin; Thence South 78038'02,, East, 64.91 feet to
an iron pipe found; Thence South 08°50'00" West 276.11 feet leaving said
C.C.C.C. line to an iron pin set; Thence North 82°42'23'' West, 39.60 feet
along the line of a tract conveyed to the Collins Company and recorded at
Deed Drawer 25, Instrument No. 12632; Thence South 07°17'37" West,
34.00 feet continuing along said Collins line~ Thence North 78~24'23'
WeSt, 28.00 feet; Thence South 28°03'31'' West, 221.36 feet to a found
.s~.ne in the boundary of:said I~9.552 acre tract; Thence North 37°54'12'
West, 196 79 feet leaving said Coilins line; Thence SOuth 86~05'5i"
West, 139.00. feet; Thance North 35°31'12' West, 1234.11 feet to 'the
TRUEPLACE OF BEGINNING ~md containing 37.910 acres of land.
Page 3 off 3
RESOLUTION NO.: 2002- ~'~ 7
/
FOR THE ANNEXATION OF REAL PROPERTY OWNED BY LPI INVESTORS, LLC
INTO THE TOWN OF UTICA
Whereas, LPI Investors, LLC has petitioned the Town of Utica for Annexation of the real
estate described in the attached Exhibit A;
Whereas, the Town of Utica wishes to consider the petition;
Whereas, the City of Jeffersonville has to consent to any annexation of property within
three (3) miles from the Jeffersonville city limits;
Whereas, the Town of Utica has held a public hearing upon the petition to annex on the
97th clay ,3f Febp'~y, 2002.
Now, Therefore, be it ordained by the Town Council of Utica, that the Town of Utica
request the City of Jeffersonville to consent to the proposed annexation of the real estate
described in Exhibit A.
ATTEST:
Sandra Martin, Town Clerk-Treasurer
EXHIBIT "A"
TRACT I
A part of Survey No. 17 of rite Illinois Grant in the Ufi6a Tovnmhip of Clark
County. Indtan~ being a part of the same tract conveyed to Lentz Properties, LLC
at Deed Drawer 29, Instrument No. 21810 and bouuded as follows: C0nnnanoing
at a stofie found in the Southeasterly line of Survey No. 25 wMoh marks the
westernmost comer of Survey No. 17, thence, the following courses:. North 54
deg. 24 min. 01 sec. Best, 2564.72 feet pessing a pin and eap s/330.00 feet set by
Paul Moffett, L.g. No. 11461 along the line dividing Survey No. 17 with Sur'vey
No. 25; South 35 deg. 52 min. 08 sec. East, 1457.4g feet lea~dng 'tho dividing line'
between 8m'veys No. 26 and No. 17 to au iron pin set in the boundery feaee of the
Indiana Anixy Ammunitions Plant (INAAP), the Tree Place of Begimflng; thence
the fo!lowing courses of the boundary: North 43 dog. 13 min. $2 sec. East,
1942.45 feet along said INAAP boundary feuce, to ~ iron pin set, being a comer
to a tract conveyed .to Martin Marietta Ma~e~iais. Inc. at Deed Drawer 26,
Instrument No. 14369; South 35 deg. 31 min. 12 sec. l~ast,'12~4.11 feet leaving
said INA.AP boundary along the line of said.Martin MarieI~a tract c~'ossing the'old
quan'y to an iron pin; North 86 deg. 08 min. 51 sec. East, 1~9.00 feet continuing
along said Martin Marietta line, to an iron pin; Sou. th 37 deg. 54 min. 12 sec. East,
196.79 feet to a stone found being tho westmm.~ost comer of a tm0t conveyed to
Collins Company at Deed Drawer 2~, Iustmment No. 126~2; South 37 deg. 54
min. 12 sec. Bast, 1~.20 feet leaving said Martin Marietta line, along the line of.
said Collins tract to au iron pin set; South 11 dog. 23 min. 21 see. Bast 99.97 feet
continuing along said .Collins line to an iron pin sot; South 08 dog. 17 min. 42 sec.
West, 132.06 feet to .a found ~tone; South 35 deg. 4~ min. 43. sec. East; 183.59
feet. to a mag nail set.in Upper River Road; Sonth ~5 deg. ~2 min. i7 see. t/est,
207.62 feet to a point in the OMo River as shown on a plat prepared by Jmnos
Ehringer, County ~urveyor dated March 15, 1956, said point being in the
boundary between the State of Indiana ava the State of Kentucky; 8outh 07 deg.
06 min. 48 see. West, 250,00 feet leaving said Collins line .dong s~id state line
aud the Rivet'for the next three calls; 3oath 12 deg. 18.min. 4g sec. West 1000.00
feet; 3oath 16 deg. 32 min. 48 sec. West, ~00.00 fe~t; South 18 deg. 40 min. 49
sec. West, 6~1.86 feet to the northeasterly line of atrant .conveyed to Manley at
Deed Drawer 21, Ins.trumaut No. 11691; North 35 deg. 19 min. :~I se~. West,
184.58 feet leaving s~ld state line and the Ohio River along said Mauley'~ Line ~n
a mag nail set in Upper River Road; North 35 deg. 19 min. 21 sec. West, 1064.62
feet continuing along said Mauiny's line to au iron pin set; South 54 deg. 02 min.
Page
52 s~c. W.~, 280.40 feet to a concrete moa~unent'wit~'a br&Ss'c'~pped pin being
the we. sterly comer of said ,M. anl.ey tra~t being in the northoesterly line, of the
tracts ~n the H.P, Howe partition fit Partition Record 1,:puges 305-315i North 35
deg. 52 min. 08 sec. West, 203.33 feet to a stone in said Howe line; North'35 deg.
52 min. 08 sec. West, 691.35 feet to ~i stone in said Howe line being the
northeasterly comer of Shem No 3 of said Howe's partition 91at; North 35 deg. 52
min. 03 sec. West, 53.9.59 feet to an iron pin.found i~ said Howe line bding the
apparent northeasterly comer of a tract conveyed to French at Deed Drawer
Instnunent No. 12749; North 35 deg. 52 min. 08 sec. West, .180.97 feet to a stone
found in'said Howe !ine, being s~id French's northerly comer also being the
northeasterly corner of 5hare No 1 of said Howe partitibn conveyed to 8chloaser
at Deed Drawer 23, Ihstrument No. 9052;.North 35 deg. 52 rain 08 sec. West,
385.40 feet along' said[ HOWe line being the easterly line of said Scltlosser to an
iwn pin set at the northeasterly comer of said Howe partition; North 54 dog. 26
min. 03 sec. East, 2g0.00 feet leaving said Howe line, along said Schloaser's line
to au iron pin set; North 35 deg. 52 min. 08 sec. West, 181.38 feet to the True
Place of Beginning. The Horizontal Datum/Basis of Besrings are per
observations taken on December 6 and 7, 2000 by this company subjeat to all
easements and fight-of-ways recorded or unrecorded.
EXCEPTING THERBFROM, T~ie Lontz Family. Cemetery which is described as
follows: A part of Survey No. 17 of the Illinois Grant in the Utica Township of
Clark County, Indiana being a pml of the same tract'conveyed to Lentz Ih'operties,
LLC, an Indiana Limited Liability. Company.at Declt Drawer 29, Instrument No.
21810 and bounded as'follows: Commencing at an iron pin set in the boundary
fence of the INAAP, .which marks a no~hwasteriy corner of said Lentz tract,
thence the following ~ourses: South 35 deg. ~2 min. 08 sec. East, 18138 feet
along the northeasterly line of a timer conveyed.' to 8chl0ssor at Deed Drawer 23,
Instrument 9052 to an iron pin set; South 3~ deg..52 m/a. 08 Sec. East, 205.85 feet
leaving said Schloaser line and running across 'said Lentz.property~ Nqrth $4 dol~.
07 min. 52 sec. East, 157.75 feet at a right angle to said Schlosser lin~ to'tho
westerly comer of an/ron fence.around the old family grave, yard, tho Tree Place
of Beglnut~g; thence {ho following courses ~f tho boundary: North 56 dog. 42
min. 20'sec. East, 42.07 feet along said fence to tho northerly comer; ,%uth. 33
deg. 03 min. 01 sec. East, ~4.07 feet continuing along said fence to tho easterly
fence comer; So/~th ~5 deg. 42 min. 20'sec. West, 42.07 feet to the southerly
comer of said fence; North 33 deg. 03 mi~ D1 sec. West, 54.07 feet along said
fence to the Tree Place of Beginnlug: Tho.Horizontal Datum/Basis of Bearings
are per G.P.S. observa~ons taken on December '~ and 7~ 2000 by this ~iompany.
TRACT 11
A part of Sut'vey No. 17 of the Illinois Grant in tho Utica Township of
Clark County Indiana and bounded as follows:
Commencing at a stone found in the Southeasterly line of Survey No. 25
which marks the westernmost comer of Survey No. 17, thence thc
following courses:
Page 2 of 3
North 54°24'01" East, 2564.72 feet passing a pin and cap at 330.00 fe~t
set by Paul Moffet, L.S. No. 11461, along the line dividing surveys No. 17
and No. 25; Thence South 35°52'08" East, 1457.48 feet leaving said
dividing line to an iron pin, being the comer of a 139.552 acre tract
conveyed to LPI Investors, LLC at Instrument No. 200102374 and the
Indiana Army Ammmfifion Plat (INAAP); Thence North. 45°13'52"East,
1942.46 feet along the line dividing said 139.552 acre tract and INAAP
property to an iron pin, the TRUE PLACE OF BEGINNING. Thence the
following courses of the boundary:
North 43013'52'' East, 338.13 feet leaving said 139.552 acre tract along
said INAAP boundary to an iron pin set; Thence Nollh 05015'58" East,
683.40 feet along said INAAP property to a point in said INAAP fence
being a comer of the Clark County Casting and Conservation Club
(C.C.C.C.) property; Thence North 53042'37'' East, 347.91 feet along said
C.C.C.C. property to a found stone, passing an ~ron pin set a 5.00 feet;
Thence South 44°46'23" East, 850.96 feet along said C.C.C.C. property to
a found concrete monument with an iron pin; Thence South 02007'27"
West, 1175.86 feet along said C.C.C.C. property to a fomad concrete
monument with an iron pin; Thence South 78°38'02" E~t, 64.91 feet to
an iron pipe found; Thance South 08o50'00" West 276.11 feet leaving said
C.C.C.C. line to an iron pin set; Thence North 82042'23" West, 39.60 feet
along the line of a tract conveyed to the Collins Company mad recorded at
Deed Drawer 25, Instrument No. 12632; Thence South 07°17'37'' West,
34.00 feet continuing along said Collins line; Thance North 78024'23"
West, 28.00 feet; Thence South 28003'31'' West, 221.36 feet to a reread
s[gne in the boundary of. said 139.552 acre tract; Thence North 37°54q2''
~est, 196.79 feet leaving said Collins line; Thence South 86°08'51"
West, 139.00 feet; Thence North 35°31'12" West, 1234.11 feet to the
TRUE PLACE OF BEGINNING and containing 37.910 acres of land.
Page 3 of 3