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HomeMy WebLinkAbout2014-R-16RESOLUTION NO. 2014 -R - I (o A RESOLUTION OF THE COMMON COUNCIL OF JEFFERSONVILLE, INDIANA, APPROVING RIVER RIDGE DEVELOPMENT AUTHORITY RESOLUTION NO. 45-2014 WHEREAS, the Common Council of the City of Jeffersonville, Indiana, (the "Common Council") has a continuing interest in the economic and community development of the City of Jeffersonville, Indiana ("City") and its inhabitants; and WHEREAS, the River Ridge Development Authority (the "RRDA"), is a military base reuse authority that exists and operates under the provisions of Indiana Code 36-7-30, as amended from time to time (the "Act"); and WHEREAS, RRDA is charged under the Act with the responsibility of planning, replanning rehabilitating, developing, and redeveloping the former Indiana Army Ammunition Plant ("INAAP"), which is now known as the River Ridge Commerce Center ("RRCC"), to enhance economic development and job opportunities for Clark County and Southern Indiana; and WHEREAS, normal development and occupancy at INAAP became undesirable or impossible because of a combination of the following factors: Decommissioning of the military base, lack of development, cessation of growth, deteriorated or deteriorating improvements, environmental contamination, character of occupancy, age, obsolescence, substandard buildings, and other factors that impaired values and prevented a normal use or development of property; and WHEREAS, as such, all of the property within the RRCC is in an area needing redevelopment (as defined in I.C. 36-7-1-3) and the RRDA has undertaken its statutory responsibility to redevelop INAAP into a manufacturing, distribution and commerce center by subdividing the RRCC into parcels that are being sold to private business and industry; and WHEREAS, a portion of the RRCC is located within the City, including a 2.744 acre parcel being sold by the RRDA as a commercial development site (the "Site") as set forth in the RRDA Resolution No. 45-2014; and WHEREAS, the Site is located in a project area within Clark County consisting of the RRCC property where RRDA has acquired clear title from the U.S. Army, and which is hereby designated an area for economic development; and WHEREAS, RRDA has the power of eminent domain pursuant to I.C. 36-7-30-16 which authorizes the filing of an action for condemnation with the approval of and in the name of the unit of government in which the Site is located; and WHEREAS, RRDA has determined that it is necessary to exercise its power of eminent domain to extinguish all property interests in the Site to enable the Site to be commercially developed; and Page 1 of 3 WHEREAS, the exercise of the power of eminent domain to extinguish all property interests in the Site and enable transfer of the Site to a private enterprise will promote the reuse of INAAP in the manner that best serves the social and economic interests of the City of Jeffersonville, Indiana, and its inhabitants; WHEREAS, the Common Council has received, reviewed and approved RRDA Resolution No. 45-2014; and WHEREAS, after being fully advised in the matter, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, CLARK COUNTY, INDIANA, THAT the foregoing recitals shall be, and are an integral and substantive part of this resolution and are incorporated herein by reference. The Common Council hereby approves RRDA Resolution No. 45-2014 and approves the initiation of eminent domain proceedings by RRDA. Pursuant to I.C. 32-24-1-3, RRDA will make an effort to purchase MAR's leasehold interest in the Site prior to filing a complaint for condemnation. If this effort to purchase is unsuccessful, the Common Council authorizes RRDA to engage the law firm of Wyatt, Tarrant & Combs, LLP, to file an action for condemnation in the name of the City on behalf of RRDA. VOTED 1 R: VOTED AGAINST: Page 2 of 3 PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Indiana, this day of July, 2014. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA Dennis Julius, P siding Officer Vicki Conlin, Clerk Presented by me to the Mayor at / 0 .Ii -%'clock 415km., this a a day of July, 2014. Vicki Conlin, Clerk Received and approved by me this ,�Q day of July, 2014. 61194707.1 7/9/2014 9:46 am 61197242.2 Mayor Mik Moore Page 3 of 3 RESOLUTION NO. 45-2014 A RESOLUTION OF THE RIVER RIDGE DEVELOPMENT AUTHORITY DETERMINING NEED TO EXERCISE POWER OF EMINENT DOMAIN WHEREAS, the River Ridge Development Authority (the "RRDA"), is a military base reuse authority that exists and operates under the provisions of Indiana Code 36-7-30, as amended from time to time (the "Act"); and WHEREAS, RRDA is charged under the Act with the responsibility of planning, replanning rehabilitating, developing, and redeveloping the former Indiana Army Ammunition Plant ("INAAP"), which is now known as the River Ridge Commerce Center ("RRCC"), to enhance economic development and job opportunities for Clark County and Southern Indiana; and WHEREAS, normal development and occupancy at INAAP became undesirable or impossible because of a combination of the following factors: Decommissioning of the military base, lack of development, cessation of growth, deteriorated or deteriorating improvements, environmental contamination, character of occupancy, age, obsolescence, substandard buildings, and other factors that impaired values and prevented a normal use or development of the property; and WHEREAS, as such, all of the property within the RRCC is in an area needing redevelopment (as defined in IC 36-7-1-3) and the RRDA has undertaken its statutory responsibility to redevelop INAAP into a manufacturing, distribution and commerce center by subdividing the RRCC into parcels that are being sold to private business and industry; and WHEREAS, a 2.744 acre tract of land known as "Tract 10B" and described in Exhibit A (the "Site") is situated within the RRCC and is in need of redevelopment as defined in IC 36-7-1-3; and WHEREAS, the Site is located in a project area within Clark County consisting of the RRCC property where RRDA has acquired clear title from the U.S. Army, and which is hereby designated an area for economic development; and WHEREAS, certain railroad facilities are located on the Site and Mid-America Rail Storage and Leasing Company ("MAR") has a leasehold interest in those facilities; and Page 1 of 5 S: \.RRDA - Board\Resolutions'2014 Resolutions\Resolution 45-2014 - Determining Need to Exercise Power of Eminent Domain.doc WHEREAS, RRDA has entered into a Purchase and Sale Agreement ("PSA") with a purchaser for the sale of the Site for the development of a commercial site; and WHEREAS, RRDA agreed, under the PSA, to remove the railroad facilities in order to enable the Site to be developed as a commercial site; and WHEREAS, RRDA has the power of eminent domain pursuant to Ind. Code 36-7- 30-16 which authorizes the filing an action for condemnation with the approval of and in the name of the unit of government in which the Site is located; and WHEREAS, the Site is located within the city limits of the City of Jeffersonville, Indiana; and WHEREAS, the Board of Directors has determined that it is necessary to exercise its power of eminent domain to extinguish MAR's leasehold interest in the Site in order that RRDA may fulfill its mission to develop the Site; NOW THEREFORE, BE IT RESOLVED BY THE RIVER RIDGE DEVELOPMENT AUTHORITY AS FOLLOWS: 1. Recitals. The recitals set forth above are an integral part of this Resolution and are incorporated herein by reference as findings of the Board of Directors. 2. The Site Is An Area Needing Redevelopment. The Site is situated in the RRCC and is an area needing redevelopment. The Site is undeveloped land within an area where there has been a cessation of growth, deteriorated or deteriorating improvements, environmental contamination, old, obsolete and substandard buildings, and other factors that have impaired values and prevented a normal use or development. 3. RRDA Considers It Necessary To Acquire MAR's Interest In The Site. RRDA considers it necessary to acquire MAR's leasehold interest in the Site by the exercise of the power of eminent domain. RRDA's acquisition of MAR's leasehold interest in the Site to enable transfer of the Site to a private enterprise will promote the reuse of INAAP in the manner that best serves the social and economic interests of the city of Jeffersonville, Indiana, and its inhabitants. 4. RRDA Will Submit This Resolution For Approval By The Jeffersonville Common Council. This resolution must be approved by the legislative body of the City of Jeffersonville before a petition for condemnation of MAR's interest in the Site is filed. The Executive Director and General Counsel are directed to present this resolution to the Jeffersonville Common Council for approval. Page 2 of 5 S:\RRDA - Board\Resolutions`2014 Resolutions\Resolution 45-2014 - Determining Need to Exercise Power of Eminent Domain.doc 5. RRDA Authorizes The Exercise Of The Power Of Eminent Domain And The Initiation of Eminent Domain Proceedings. RRDA hereby authorizes the initiation of eminent domain proceedings pursuant to I.C. 32-24 after this Resolution is approved by the legislative body of the City of Jeffersonville, Indiana. Pursuant to I.C. 32-24-1-3, RRDA will make an effort to purchase MAR's leasehold interest in the Site prior to filing a complaint for condemnation. RRDA shall secure an appraisal from a qualified appraiser. The Executive Director and General Counsel shall make an offer to purchase MAR's leasehold interest in the Site in an amount authorized by the Executive Committee. Any purchase amount negotiated by the parties must be approved by the Executive Committee prior to RRDA's purchase. If the effort to purchase is unsuccessful, RRDA directs its attorney, Wyatt, Tarrant & Combs, LLP, to file a petition in the name of the City of Jeffersonville on behalf of RRDA in the circuit court of Clark County, Indiana. RESOLVED BY VOTE OF THE BOARD AT A DULY CALLED REGULAR MEETING OF THE RIVER RIDGE DEVELOPMENT AUTHORITY ON TuI y 2.1 ,2014. 1\" Attest: Attest: J. Mark Robinson, President David W. Evanczyk, Secretary/Treasurer Page 3 of 5 S:\RRDA - Board\ Resolutions \2014 Resolutions\Resolution 45-2014 - Determining Need to Exercise Power of Eminent Domain.doc EXHIBIT A Tract 10B - Legal Description That part of Survey Number 37 of the Illinois Grant, City of Jeffersonville, Clark County, Indiana, being further described as follows: Commencing at a Mag Nail on the northwest line of Survey Number 25, which marks the east corner of Survey Number 37; Thence North 69 degrees 59 minutes 13 seconds West, 1181 feet; Thence North 47 degrees 03 minutes 36 seconds East, 35.56 feet to a steel pin and cap; Thence North 42 degrees 53 minutes 27 seconds West, 210.66 feet to a steel pin and cap; Thence South 72 degrees 26 minutes 35 seconds West, 290.33 feet to a steel pin and cap which is the True Point of Beginning; Thence South 45 degrees 59 minutes 33 seconds West, 586.99 feet to a steel pin and cap on the northern perimeter of an existing conservation easement; Thence along said perimeter, North 49 degrees 08 minutes 25 seconds West, 86.50 feet to a steel pin and cap; Thence continuing along said perimeter North 35 degrees 26 minutes 28 seconds West, 242.69 feet to a steel pin and cap marking the north corner of said conservation easement; Thence North 30 degrees 01 minutes 19 seconds West, 123.69 feet to a steel pin and cap marking the south corner of a second conservation easement; Thence along the southeast line of said second conservation easement, North 19 degrees 44 minutes 22 seconds East, 8.26 feet to a steel pin and cap; Thence 695.58 feet along a curve to the left having a radius of 1407.39 feet and a chord which bears North 86 degrees 47 minutes 02 seconds East, 688.52 feet to the True Point of Beginning. The above described tract contains 2.744 acres, which is subject to all rights -of -ways or easements whether of record or not, and is part of Parcel L1 as conveyed to River Ridge Development Authority as set forth in instrument 200513080. Survey # 37 Showing Tract 10B (attached) Page 4 of 5 S:\RRDA - Board\Resolutions 2014 Resolutions\Resolution 45-2014 - Determining Need to Exercise Power of Eminent Domain.doc z m f L CLIENT: RIVER RIDGE DEVELOPMENT AUTHORITY 1x48 Y• Seg 14$4•Yi $;t ill 1R_� 1d7u '1s 3411 2tio 3i a111:14 og 3 3'd3 ^ i41131 al ;E:41 ; S•: R3 1;,31ia u} i�39 '4 -8'(1'33 Pal!. 3 YiRa $ • AJ110 Sii1" 11 -4. 31 1°� Elo�3 g! i 2 w3 C9K !logo.'" aP;i g".S aid ' • • toill TREE MOLDER RIVER RIDGE DEYELDPNENT AUTHORITY AN ORIGINAL SURVEY OF THREE TRACTS OF LAND BEING A PART OF SURVEY NUMBER 37 OF THE ILLINOIS GRANT, CITY OF JEFFERSONVILLE. CLARK COUNTY. 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