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HomeMy WebLinkAbout1999-R-22RESOLUTION NO: 99-R-22 TOWN OF UTICA'S REQUEST FOR AUTHORIZATION FOR VOLUNTARY ANNEXATION OF THE PROPERTY OF PAULINE AND ROBERT DeARK LOCATED IN UTICA TOWNSHIP, INDIANA WHEREAS, Pauline and Robert DeArk, husband and wife, Property 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, Utica Town Attorney, Larry Wilder, has appeared before the Jeffersonville City Council on June 21, 1999 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 ~.~ ,199~ by the Common Council of the City of Jeffersonville, Clark County, Indiana. homa~gan ~ Officer ATTEST: C. Richard Spencer~J~. (.,/" Clerk and Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this day of ~"~.~1.~.. , 199~. cC i err }~a~dTSr eP;nu~;er; ¢ Approved and signed by me this ~.- I day of'~~ ~~ Ma.for ~// ~x ,'~, 78~4 ;~qr, ~,r~iqRD ' CITIZENS BANK & TRUST CO. 8~ ~ I~ 0~ P~ JEFFERSONVILLE, INDIANA a~c0a0~0 l~__oaa. 7 MORTGAGE m s fa. ~ 0. __~'~ ~' ·.. THIS INDENTURE WITNESSETH... REOOR0[R OF CLARK CO. That Robert DeArk and Pauline DeArk, husband and wife of Clar~ . Count, in the Stare of ~GAGE AND WARRENT to ~e C~t~zens Bank & Trust Co., a~q~br~ ~f~.~hrk CounW, ~ the State of Indiana, ~e following descried real/~, at¢~ ~[t~s re~s~ issues and profits, in the OOllll, of Clark , i~ ~h¢ Staple I~iana. ?RACT 1. Part of Letters B and C of S~rve7 No. 16.~f/the Illinois Grant, hounded thus: Beginning at a stone il~tJA~..No~[~,e~ right-of-way l±ne of the Middle Road at the Southwest.c~~tract of land set off to Ida Zinck in the partition of the lands of John C. linch, deceased, as shown in Partition Record No. l, Page 15, in the office of the Recorder of Clark County, Indiana; thence North 20° 30' ~est, 200 feet to a stake; thence North 73° East, 12 feet to a stake; thence North 20° 50' ~est, 209 feet to a stake, the true place of beginning; thence continu- ing North 20° 30' ~est 75 feet to an iron pipe; tEence North 50° 24~ East, 209.9 feet to a stake; thence South 20° 50' East, 75 feet to a stake; thence South 50° 24' ~est, 209.9 feet to the true place of beginning, containing 0.345 acres, more or less. [ACT 2. Part of Letter "C" of Survey No. 16 of the Illinois Grant, and,described as follows: Beginning at a stone ±n the Northern r±ght-of-way line of the Middle Road, and at the Southwest corner of a tract of land set off to Ida Zinck in the Partition of the land of John C. Z±nck, deceased, as shown in Partition Record No. 1 at Page 15 in the office of the Recorder of Clark County, Indiana; thence North 20° 30' Nest, 200 feet to a stake; thence Norge 75° East, 12 feet to an iron pipe; thence North 20°'30' Nest, 135 feet to an iron pipe, the true place of beginni~'; thence continuing North 20° 50~ ~est, 74 feet to an iron pipe; thence North $0° 24' East, 205 feet to an iron pipe; thence South 22° 45' East, 155.3'feet re an iron pipe; thence South 73° ~est, 200 feet to an iron pipe, the true place of beginning, and containing 0.522 of an acre, more or less. .ACT ¢ Part of Letter "B" of Survey No. 16 of the Illinois Grant to Clark County, ~ndiana and further described as follows: Beginning at a stone the Southwest corner of a tract of land set off to Ida 25nck in the Partition of the land of John C. Zinck, deceased, as shown'in Partition Record No. 1, Page 15 in the of£~ce of the Recorder of Clark County, Indiana; thence North 20° 50' Nest, 200 feet to a point; thence North 74° 10' East, 212 feet to an iron pipe, the true place of beginning; thence North 20° 50' ~est, 363.50 feet to an iron stake; thence North 52° East, 281.0 feet to an iron pipe; thenc%South 23° 07' East, 471 88 feet to an iron pipe; thence South 74° 10' Nes~, 290.47 feet to an iron pipe, the true place of beginning. Containing 2.666 acres. ACT 4. Part of Letter "C' of Survey No. 16 of tee Illinois Grant to C[ark County, Indiana, and further described as follows: Beginning at the southwest corner of a tract of land set off to Ida Zinck in the partition of the land of John C. 2inck, deceased, as shown in the Partition Record No. page 15, in the office of the Recorder of Clark County, Indiana, said an iron pipe; thence N. 20 deg. $0[ ~. 60 feet to an iron pipe; THE TRUE PLACE OF BEGINNING; thence continuing N. 20 deg. 50~ ;~. 75 feet to an iron pipe; thence N. 73 deS. E. 200 feet to an iron pipe; thence S. 20 deg. 50' E. 75 feet re an [ton pipe; thence S. 75 deg. N. 200 feet to an iron pipe, THE TRUE PLACE OF BEGINNING. Containing 0.345 of an acre. Also an easement in a l0 foot roadway leading to and from the Middle Road described in deed dated March l, 1957, and of record in Deed Record No. 212 a'c page 34 [n the office of the Recorder of Clark County, Indiana. Petition fOr the Annexation of Land Robert DeArk and Pauline DeArk Whereas, Robert DeArk and Pauline DeArk, husband and wife, and pursuant to Indiana Code 36-4-3-5 set forth as follows: 1. They are the owners of a parcel of property the descriptions of which are set forth hereto as Exhibit A; 2. That they represent fifty one percent (51%) of the landowners of this property; 3. That they further are the owners of seventy five percent (75%) of the total assessed value of the subject land; 4. That the request that the Town of Utica annex the described property; 5. That they present this petition to the Utica Town Board on the I~lay of May, 1999; 6. That it is the petitioners belief that the Town of Utica is presently providin! essential municipal services and facilities to the residents of the subject property; 7. That the petitioners believe that the Town of Utica is physically and financially able to provide services to the proposed annexed area; 8. That the population density is at least three (3) persons per acre; 9. That the territory sought to be annexed is contiguous to the Town of Utic~ Wherefore, the below signed parties petition the Town ~)f Utica to annex the described property. Robe~ DeArk Pauline DeArk Ordinance No: 9% For the Annexation of the DeArk Property Whereas, on the day of ,1999, Pauline and Robert DeArk, husband and wife, have petitioned the of Utica for Annexation of the real estate described in the attached ExhibitA, which is adjacent to and contiguous to the Tc Utica, Indiana, as per said Exhibit; Whereas, the Town of Utica has determined that a Fiscal Plan for annexation of said tract of real estate is not nece and Whereas, the City of Jeffersonville has consented to such annexation pursuant to state law; Whereas, said Petition has been duly considered by the Town Board which has determined that it is in the best int, the Town of Utica and the citizens thereof that the prayer of said petition filed and be granted Now, Therefore, Be it Ordained by the Town Board of Utica, Indiana that: Section 1: The following described real estate, as set forth in that legal description attached hereto and referred t( Exhibit A, hereby is annexed to and made part of the Town of Utica, Indiana; Section 2: This Ordinance shall be in full force and effect from and after its passage and approval by the Town Utica, Indiana, and the due publication thereof as required by Statute. PASSED by the Town Board of Utica, Indiana this day of ,1999. Whereas, the Town ofUtica has held public hearing uponthe p~kiontoannex onthe__ 1999; day of No,v, therefore, be it ordained by the Town Board of Utica, that the Town of Utica requests the City of Jeffers~ to consent to the proposed annexation of the real estate described in Exhibit A. The Utica Town Board Glenn Murphy, Sr., President Karen Hall, Board Member Ruel Harris, Board Member Keith Broy, Board Member Dixie Harbin, Board Member Attest: Sharon Martin, Town Clerk-Treasurer Town ssary; :rest of d of ville -- Resolution No: R-99- For the Annexation of the DeArk Property Whereas, Pauline and Robert DeArk, husband and wife, have petitioned the Town of Utica for Annexal the real estate described in the attached ExhibitA, Whereas, the Town of Utica wishes to consider the petition, Whereas, the City of Jeffersonville has to consent to any such annexation pursuant to state law; Whereas, the Town of Utica has held pUblic hearing upon the petition to annex on the~+t~ day of c...~ 0--.. ,1999; Now, therefore, be it ordained by the Town Board of Utica, that the Town of Utica requests the Cit Jeffersonville to consent to the proposed annexation of the real estate described in Exhibit A. The Utica Town Board (~le~ ~urPhy, Sr., ~, B~oard M~em~e r Ruel Harris, Board Member KeJ~Board~er Dixie Harbin, Board Member Attest: Sharon Martin, Town Clerk-Treasurer ion of ~f .ACT ,CT CTS. CITIZENS BANK & TRUST CO. JEFFERSONVILLE, INDIANA aacoao~o I~Dat MORTGAGE ~ INSTR. NO.. ¢'?~'~ JULIA LOVE · ·. THIS INDENTURE WITNESSETH... aE00a0Ea 0F CLAaK ~0. That Robert DeArk and Pauline DeArk, husband and wife of Clark CounT, in the State of ~~GAGE AND WARRENT to me citizens a Trus, Co., Coun , me State mdt~a, ~e follow~ descried real~at~s ~ issues and profits, ~ the Co~W of Clark , in the Sta~f I~. ~ ~ Part of Letters B and G of S~r~y No. 16,~f/the I~linois Grant, bo nded thus: Beginning at a stone i~~[¢e~ right-of-way line of Middle Road at the Southwest_co~~ract of ~and set off to Ida Zinck 5n the partition of the lands of John C. Zinch, deceased, as shown 5n Partition Record No. 1, Page 15, ~n the office of the RecOrder of Clark County, Indiana; thence North 20° 30' ~est, 200 feet to a stake; thence North 73° East, 12 feet to a stake; th&nee North 20° 30 ~est, 209 feet to a stake, the true place of beginning; thence ~on~nu- 5rig North 20° 30~ ~est 75 feet to an ~ron pipe; thence North 50° 2z East, 209..9 feet to a stake; thence South 20° 30~ East, 75 feet to a stake; thence South 500 24' ~est., 209.9 feet to the true place of beginning, containing 0.545 acres, more or less. Part of Letter 'C" of Survey No. 16 of the Illinois Grant, and desrribed as follows: Beginning at a stone in the Northern right-of-way 15n~ the Middle Road, and at the Southwest corner of a tract of land se~ off to Ida Zinck in the Partition of the land of John C. Zinck, deceased, as sho~n 5n Partition Re,~ord No. 1 at Page 15 5n the office o~ the Recorder of Clark County, Indiana; thence North 20° 30* l~est, 200 feet to a stake; thence North 73° East, ~2 feet to an iron pipe; thence North 20°'5( ~est, ~35 feet ro an iron pipe, the true place of beginni~';thence contiruing North 20° 30~ ~est, 74 ~eet to an ~ron pipe; thence North 50° 24' last, 205 feet to an iron pipe; thence South 22° 45~ East, 153.3'feet to an iron pipe; thence South 73° ~est, 200 feet to an iron pipe, the place of beginning, and containing 0.522 of an acre, more or less. Part of Letter 'B" of Survey No. 16 of the Illinois Grant to C~ark Gounty, Indiana and further described as follows: Beginning at a s one the Southwest corner o~ a tract of land set off to Ida Zinck 5n the ~Partition of the land of John C. Zinck, deceased, as shown 5n Part5 ion Record No. 1, Page 15 5n the office of the Recorder of Glark Gounty, Indiana; thence North 20° 30~ ~est, 200 feet to a point; thence No~th 74° I0' East, 212 feet to an iron pipe, the true place of beginnins; thence North 20° 50~ ~est, 563.50 feet to an iron stake; thence No~th 52° Eas~, 281.0 feet to an iron pipe; thenc%South 23° 07' East, 471.88 feet to an iron pipe; thence South 74° 10~ ~es~, 290.47 feet ~6 an iron pipe, the true place of beginning. Containing 2.666 acres. Part of Letter "C" of Survey No. 16 of the Illinois Grant to C~ark County, Indiana, and further described as follows: Beginning at the southwest corner of a tract of land set off to Ida Zinck 5n the partition of the land of John C. Zinck, deceased, as shown 5n the Partition Record No. page 15, 5n the office of the Recorder of Clark County, Indiana, said corner being on the Northwest 15ne of the Utica-Salem Road; thence 20 deg. 30~ ~. 200 feet to a stake; thence N. 73 deg. East 12 feet to an iron pipe; thence N. 20 deg. 30~ ~. 60 feet to an iron pipe; THE TRHE PLACE OF BEGINNING; thence continuing N. 20 deg. 50' W. 75 feet to an iron pipe; thence N. 75 de~. E. 200 feet to an iron pipe.; thence S. 20 deg. 50~ E. 75 feet to an ~ron pipe; thence S. 73 deg. ~. 200 feet an iron p~pe, THE TRHE PLACE OF BEGINNING. Containing 0.345 of an acre. Also'an easement in a 10 foot roadway leading to and~from the Middl~ Road and the above mentioned 0.345 acre tract, said easement being more :[ully described in deed dated March 1, 1957, and of record 5n Deed Record No. 212 at page 34 5n the office of the Recorder of Clark Gounty, India~[a; CT 4. Resolution No: R-99- ~ ~ 2~'Z.. For the Annexation of the DeArk Property Whereas, Pauline and Rebert DeArk, husband and wife, have petitioned the TOwn of Utica for Annexat the real estate described in the attached ExhibitA, Whereas, the Town of Utica wishes to consider the petition, Whereas, the City of Jeffersonville has to consent to any such annexation pursuant to state law; Whereas, the Town of Utica has held public hearing upon the petition to annex on the~+~ day of ~'[~ ~_~ ,1999; Now, therefore, be it ordained by the Town Board of Utica, that the Town of Utica requests the City Jeffersonville to consent to the proposed annexation of the real estate described in Exhibit A. The Utica Town Board (~le~ Murphy, Sr., Presl~e~ ~~ccar~ Ruel Harris, Board Member Kei{l~ Broy, Board{~'-mber Dixie Harbin, Board' Member Attest: Sharon Martin, Town Clerk-Treasurer on of ~f FRACT ~ACT ',ACT ACT 4. CITIZENS BANK & TRUST CO. JEFFERSONVILLE, INDIANA RE00ROE0 MORTGAGE I~sra. ~0. ~'~ JULIA LOV~ · ·.. THIS INDENTURE WITNESSETH... R£OORDER OF (]LARK, Robert DeArk and Pauline DeArk, husband and wife of .... Clark CounW, in the Sate of~GAGE, AND WARRENT, to ~e Citizens Bank & Trust Co., ~/~lSbr.at2~, ~fc3~ark CounW, ~ ~e State of ~dtang, ~e following descried real ~ateD ~04~Liks r~g~ issues and profits, ~ the CounW of Clark ,in the Sta~ ff In~ia~ 1. Part of Letters B and C of S~.rve.y No. l~x~f/the Illinois Grant, bet thus: Beginning at a stone i~t~'~C,,~.[~¢e~right-of-way line of ti sdd? R?aa at. the Southwest_co~%ract of land set off to lad zincK in the partition o± the lands of John C. Zinch, deceased, shown in Partition Record Ne. 1, Page 15, in the office of the Recc of Clark County, Indiana; thence North 20° 50' West, 200 feet to a stake; thence North 75° East, 12 feet to a stake; thence North 20° .West, 209 feet to a stake, the true place of beginning; thence conl ing North 20° 50' West 78 feet to an iron pipe; thence North 50° 2a East, 209.9 feet to a stake; thence South 200 50' East, 78 feet to stake; thence South S0? 24' West, 209.9 feet to the true place of beginning, containing 0.345 acres, more or less. Part of Letter "C" of Survey No. 16 of the Illinois Grant, and,desc as follows: Beginning at a stone in the Northern right-of-way line the Middle Road, and at the Southwest corner of a tract of land set Ida Zinck in the Partition of the land of John C. Zinck, deceased, shown in Partition Re~ord No. 1 at Page IS in the office of the Rec of Clark County, Indiana; thence North 20° 30' West, 200 feet to a thence North 73° East, 12 feet to an iron pipe; thence North 20°'30 158 feet to an iron pipe, the true place of beginni~'; thence contin North 20° 30' West, ?4 feet to an iron pipe; thence North S0° 24' 205 feet to an iron pipe; thence South 22° 45' East, 1S3.5'feet to iron pipe; thence South 73° West, 200 feet to an iron pipe, the tru place of beginning, and containing 0.522 of an acre, more or less. Part of Letter "B" of Survey No. 16 of the Illinois Grant to Clark County, Indiana and further described as follows: Beginning at a s the Southwest corner of a tract of land set off to Ida Zinck in the Partition of the land of John C. Zinck, deceased, as shown in Patti Record No. 1, Page 1S in the office of the Recorder of Clark County Indiana; thence North 20© 30' West, 200 feet to a point; thence Nor 74° 10' East, 212 feet to an iron pipe, the true place of beginning thence North 20° 30' West, 363.$0 feet to an iron stake; thence Nor 52° East, 281.0 feet to an iron pipe; thenc%South 23° 07' East, 47 feet to an iron pipe; thence South 74° 10' Wes%, 290.47 feet ~b an pipe, the true place of beginning. Containing 2.666 acres. nded e as rder 30' inu - a :ibed of off to as or'der stake; ' West, ding asr, ~n one tion th ih [.88 iron ]ounty, ~st ;he ). 1, td TRUE 2O ;O Lcre. Part of Letter "C" of Survey No. 16 of the Illinois Grant to Clark ,Indiana, and further described as follows: Beginning at the southw corner of a tract of land set off to Ida Zinck in the partition of land of John C. Zinck, deceased, as shown in the Partition Record N page 15, in the office of the Recorder of Clark County, Indiana, sa corner being on the Northwest lineiof the Utica-Salem Road; thence 20 deg. 30' W. 200 feet to a stake; thence N. 73 deg.~ East 12 feet an iron pipe; thence N. 20 deg. 30!' W. 60 feet to an iron pipe; THE PLACE OF BEGINNING; thence continuing N. 20 deg. 30' W. 75 feet to iron pipe; thence N. 73 deg. E. 200 feet to an iron pipe; thence S. deg. 30' E. 75 feet to an iron pipe; thence S. 73 deg. W. 200 feet an iron pipe, THE TRUE PLACE OF BEGINNING. Containing 0.345 of an Also an easement in a 10 foot roadway leading to and from the Middl, Road and the above mentioned 0.345 acre~tract, said easement being more ~ully described in deed dated March 1, 1957, and of record in Deed Record. lNo. 212 at page 34 in the office of the Recorder of Clark County, Indiar CI:'TIZENS BANK & TRUST CO. JEFFERSONVILLE, INDIANA MORTGAGE JULIA LOV8 · · · THIS ~ENTURE WITNESSETH... RECORDER OF CkARK ~at Robert DeA~k and Pauline DeA~k, husband and wife of _ C 1 ark ~ Co~, in ~e State of I~GAGE. A~ WARRENT~ mdt~, me foZlow~g descrmed real~t~~g~l ~ssues and profits, ~ the Co~ of. Clark , in the Sra~f ~ia~i. ' To-wit: [~ ~CT 1. Part of Letters B a~d C of S~rv~ No. ~.~f/the Illinoks Grant ~hus: Beginning at'a Stone i~;[~i_. .... ,_bo~ lviiddle Road ~* +~ ~ .... ~~%%,~"M~ ~ gne-or-way l~ne ' Ida Zinck in-~hg"{a~%sgJ~~~,t of land set off to anas oz oohn C. Zinch, deceased, tCT 2. CT 4. shown in Partition Record Ne. 1, Page 15, ~n the office of the Reco: of Clark County, Indiana; thence North 20° 30' West 200 feet to a stake; , thence North 3 East, 12 feet to a stake; thence North 20° 3 o . .West, 209 feet to a stake, the true place of beginning; thence conti ing North 200 30' West 75 feet to an iron pipe; thence North 50° 24' East, 209.9 feet to a stake'; thence South 200 30' East, 75 feet to a stake; thence South S00 24' West, 209.9 feet to the true place of beginning, containing 0.345 acres, more or less. Part of Letter "C" of Survey No. 16 of the Illinois Grant, andLdescr as follows: Beginning at a stone in the Northern right-of-way line the Middle Road, and at the Southwest corner of a tract of land set Ida Zinck in the Partition of the land of John C. Zinck, deceased, a shown in Partition Re~ord No. 1 at Page 15 in the office of the Reco: of Clark County, Indiana; thence North 20° 30' West, 200 feet to a si thence North 73° East, 12 feet to an iron pipe; thence North 200'30' 135 feet to an iron pipe, the true place of beginni~'; thence continu~ North 20° 30' West, 74 feet to an iron pipe; thence North 50° 24' Ea~ 205 feet to an iron pipe; thence South 22° 4S' East, 153.3'feet to ar iron pipe; thence South 73° West, 200 feet to an iron pipe, the true place of beginning, and containing 0.522 of an acre, more or less. Part of Letter "B" of Survey No. 16 of the Illinois Grant to Clark County, Indiana and further described as follows: Beginning at a stc the Southwest corner of a tract of land set off to Ida Zinck in the Partition of the land of John C. Zinck, deceased, as shown'in Partiti Record No. 1, Page 15 in the office of the Recorder of Clark County, Indiana; thence North 20° 30' West, 200 feet to a point; thence North 74° 10' East, 212 feet to an iron pipe, the true place of beginning; thence North 20° 30' West, 363.50 feet to an iron stake; thence North 52° East, 281.0 feet to an iron pipe; thence¢South 23° 07' East, 471. feet to an iron pipe; thence South 74° 10' Wes%, 290.47 feet ~ an ir pipe, the true place of beginning. Containing 2.666 acres. Part of Letter "C" of Survey No. 16 of the Illinois Grant to C~ark Co ,Indiana, and further described as follows: Beginning at the southwes corner of a tract of land set off to Ida Zinck in the partition of th. land of John C. Zinck, deceased, as shown in the Partition Record No. page 15, in the office of the Recorder of Clark County, Indiana, said corner being on the Northwest line!of the Utica-Salem Road; thence N. 20 deg. 30' W. 200 feet to a stake; thence N. 73 deg., East 12 feet to an i'ron pipe; thence N. 20 deg. 30! W. 60 feet to an iron pipe; THE T] PLACE OF BEGINNING; thence continuing N. 20 deg. 30' W. 75 feet to an iron pipe; thence N. 73 deg. E. 200 feet to an iron pipe.; thence S. 2( deg. 30' E. 75 feet to an iron pipe; thence S. 73 deg. W. 200 feet to an iron pipe, THE TRUE PLACE OF BEGINNING. Containing 0.345 of an ac~ Also an easement in a 10 foot roadway leading to and from the Middle R and the above mentioned 0.345 acre~tract, said easement being more ful described in deed dated March 1, 1957, and of record in Decd Record No 212 at page 34 in the office of the Recorder of Clark County, Indiana. .ed as der kbed >f ~ff to !der ake; West, ng t, ne on ~8 ~nty, e o ~ad [y