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HomeMy WebLinkAboutORDER GRANTING DISANNEXATION PETITION HUGHES BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF JEFFERSONVILLE, INDIANA ORDER GRANTING DISANNEXATION PETITION The River Ridge Development Authority(the"RRDA"), a military reuse authority under Ind. Code 36-7-30, and the Hughes Development, LLC("the Hughes Group"), an Indiana limited liability company, (together the"Petitioners")petitioned the Board of Public Works to disannex a portion of South Boundary Patrol Road as shown in Exhibit A and described in Exhibit B (the"Private Road"), The two Exhibits are attached herewith and made a part hereof. The Private Road is located within the City. The matter was duly and properly advertised to the public and a public hearing on the petition was conducted on September 21, 2016. The Petitioners presented their case. There were no remonstrances against granting the petition. Upon hearing the presentation in favor of the petition and being otherwise duly advised in the premises, the Board of Public Works hereby grants the Petitioner's disannexation petition. IT IS, THEREFORE, HEREBY ORDERED AND DECREED t t t e portion of South Boundary Patrol Road depicted in Exhibit A and described in Exhibit sh 1 be, and i hereby, disannexed from the City of Jeffersonville. Dated effective as of this 21St day of September, 2016. Mayor Mike Moo e, President Boar of7VVorks AT Vicki Conlin, City Clerk EXHIBIT A PROPOSED R0.4DvAY oFolriT/ON FOR PATROL RDAD soum 77rY*WWOq,for aeon POOM W Purporer Of deacatton of South Phbo/Rood. it 4 ofvpoeed any. as6o9Wtlup =r ae£eoce A Gima pww for by ft drmovo od pmti*W W NM. gar L J � a aIE o TO �t C7TYOPIEFFER$ONV[[,[B �+ 10 I SEEOxDQ(ANt�rzoGtl-pJtl6 �'q(� � 11 \� S MY OF ' oRn>rrAnrcs s�aaotxt.� i UNE FABLe SJ4 uv eEfPIvC y>T+hc AREA TO22ED&ANNBCE PROM 1'A U S 7r'S".?' E BIAS' ANtYFICED TO UTICA L4 S 6545 E 6DRI Ld 47{"+11 A f L7 n r o ' IMP, �V,yG'{ �i L$ N !748'59'E 1"'?7. L9 n 572c,17, 22!.`. Li N •827' SZ.IT L1'! M S?'6'21' E 296.79' 12 N 57!952 !.421 L!3 S 6542'53 E 226.41 U4 N 21*24 3 E 87.3 L7 n { SS w 34 G9 U8 S 3779'52 N 2(}0.42 y°f L! ITIS 2' w 286.51 Lid S 60782' 0 24!!.74 L!4 4 .3w--0-07- M 235.32 �! L2t7 S 3 {B 59 N 427 I ¢ L2• S JT 55 GS 8 ISO. L22 S 2715'13-E 266.04' V 1 o aS CURVE TABL- CLOWE WDIUS ARC "JtORO r_rf. MN^ t t 1 2S 0PAftW OF PROPOSED SiRfET DG7rA TON OF PATIMIL ROAD SOUTH FO THE Tt.,`WV CF UTICA, IN SURVEYS 17 AMO 27 OF 7HE 4J NCS GRWT TO CLARK COUNTY, %NaWjk NOTE THIS URAwovc GOES NOr REPRESEVT A RETRACEMENT, CRTCPAL OR ROUTE SURVEY, OR SURVrw'R'S trr4 ON ,REPORT. arrw a 170--e a. LwI ft�M,PC a,"*n. " BI,A:VlC,'NA,'KER & S01V PaR 1-#U0REY a +ri WNT U.0 LCY0 SURYdYORS INC, P.C. x 1^ "'STAT£ WCHE:7? 61B r COURT AYdNl7d Pa BOY 1S7 JBpfBRS0NY7LLB, MX4164 47191-OfS7 6200 E 44NMY 52 SUITE 10O TiCLBPNONS efi-AM-4189l£=:f.P.S�r�V7t(.E, IN 471.30 /,i'�BLA.vX1:4'BdXBRAA+FSCLY.NBT O,R.t7v BY a q, 7-7-77 — 4.00 -�7 LE41L'' 1 w ee+;t' ZU1t JOS.4'z •"-3aU EXHIBIT B DESC'RIP'TION OF PROPOSED DEDIC.ITION'OF SOUTH PATROL ROAD Being a part of Sur eys T 17 andii 2 7 of the Illinois Grant to Clara:County,Indiana and being fuuther described as follows: Beginning at a stone on the courwa corner of Sums 17,26 and 27;Thence N.54.2TWE.,along the line ditidine said Sunxns 17 and 27, 10.99 feet to THE TRUE PLAICE OF BEGLNnNG: Thence 5.22.1533"E.. 112.03 feet; Thence 192.31 feet along the arc of a 400 foot radio cune to the right_concave westerh_-.being subtended by a chord bearing 5.8.29'09"E., 190.46 feet; Thence S.5.lTl4`W-.,81.39 feet; Thence S.8348'51"E.,60.01 feet to an eastern line ofFj%w Ridge Commerce Center and a western line of Qt4ur:Bhiff as shown in Plat Book 13,Page 32 of said Counrr records: Thence N.5.1714"E.,along said eastern line, 195.09 feet to a steel fere post Ona corner of said Ricer nudge: Thence N.22.15"33"W.along a line of said Ricer Ridge,474.84 fret to a steel fence post on a corner of said Ricer Ridge; Thence N.7.35'05"E..along a line of said River Ridge, 12 5,97 feet to a steel fence post on a corner of said River Ridge; Thence N.39-W59E.. along a lune of said River Ridge.399 77 feet to a steel fence post on a corner of said River Ridge; Thence Y 59.20'07"E.,along a lune of said Ricer Ridge.221.32 feet to a steel fence post on a corner of said Ricer Ridge; Thence N.66.18"_'I E.,.along a line of said Ricer Ridge,252.47 feet to a steel fence post on a corner of said River Ridge; Thence N.52.16211E.,along a line of said River Ridge,290.19 feet to a steel fence post on a corner of Said River Ridge; Thence N.59.19152"E._along a lune of said Ricer Ridge, 132.16 feet to a steel fence post on a corner of said Ricer Ridge, Thence 5.63-4253"E.,along a line of said Rn,•er Ridge. 226.41 feet to a steel force post on a corner of said Ricer Ridge; Thence:3 21.24'3"E.,along a line of said River Ridge. 87.15 feet to a steel fence post on a corner of said Ricer Ridge; Thence N_63.42'53"W.,234.09 fled, Thence 5.59.19'52"W.,200.42 feet; (Legal description continued on next page) EXHIBIT B, PAGE 2 Thence S.5 2 i W21"W.. 256.51 feet; Thence 5.66.1 8'2 1"W.. 248.74 feet; Thence 5.59.20'07"W., 235.32 feet; Thence S.39.46'59"W.,427.42 feet; Thence 5.7.35'05"W., 159.27 feet; Thence 5.22.15'33"E.. 266.04 feet to THE TRUE PLACE OF BEGINNING. Containin6 3.44 acres and being subject to all easements of record. NOTE: This description prepared from record documents for Right-of-Way dedication ptuposes only. BEFORE THE BOARD OF PUBLIC WORKS FOR THE CITY OF JEFFERSONVILLE, INDIANA PETITION TO DISANNEX PRIVATE ROADWAY Come now the River Ridge Development Authority(the "RRDA"),a military reuse authority as created under Ind.Code 36-7-30, and the Hughes Development, LLC ("the Hughes Group"), an Indiana limited liability company,(together the"Petitioners")and request that City of Jeffersonville disannex a certain portion of South Boundary Patrol Road as described herein. The Petitioners further state as follows: 1. RRDA owns that portion of South Boundary Patrol Road depicted in the plat as shown in Exhibit A and described in Exhibit B(the"Private Road"). Exhibits A and B are incorporated into this petition and made a part hereof by reference. Exhibits A and B are specifically titled for a subsequent petition to be filed with the Town of Utica. The Exhibits properly illustrate the same portion of South Boundary Patrol Road that is requested to be disannexed under this petition. 2. The Private Road illustrated in Exhibit A and described in Exhibit B is contiguous territory within the corporate boundaries of the city of Jeffersonville and constitutes 3.44+/-acres which is more than the one acre minimum required by I.C. 36-4-3-17. 3. The Private Road currently serves as the only access to Quarry Bluff Estates, a residential subdivision in Clark County, Indiana. 4. The Hughes Group is the developer of Quarry Bluff Estates and has a non-exclusive Right of Entry Agreement with RRDA which grants it the right of use of the Private Road. 5. The Hughes Group represents that it has recently paved and upgraded the Private Road to meet the road standards of the City of Jeffersonville and Clark County, Indiana. To the best knowledge of the Hughes Group, the condition of the Private Road meets or exceeds all public roadways in the City and Clark County. 6. The Petitioners would like the Private Road to be disannexed so it can be accepted by the Town of Utica, Indiana into their road inventory. Following the disannexation by the City,the Petitioners will request the Town of Utica, Indiana to establish this Private Road as a public way and to maintain and operate it as a public way from and after the Town of Utica's acceptance of the same. 7. The Board of Directors for the RR-DA has authorized the filing of this petition by adoption of Resolution No. 57-2016, a copy of which is attached herewith and marked Exhibit C(the Resolution exhibits are the same as Exhibits A& B to this Petition and are therefore excluded from Exhibit C.) 8. The Board of Directors for the RRDA has authorized the filing of a petition to dedicate this Private Road to the Town of Utica with the adoption of Resolution No. 39-2016, a copy of which is attached herewith and marked Exhibit D(the Resolution exhibits are the same as Exhibits A&B to this Petition and are therefore excluded from Exhibit D). 9. I.C. '16-4-3-17 permits the filing of this Petition for disannexation. 10. The Hughes Group is willing to pay the costs and expenses of notice and advertising of this petition in the manner prescribed by law. WHEREFORE,the undersigned request the Board of Works to disannex the Private Road depicted in the plat shown as Exhibit A and more particularly described in Exhibit B; to issue notice of this petition in accordance with law; to conduct a public hearing in accordance with law; and to grant Petitioners a just and equitable order on this Petition as required by C.C. 36-4-3-17;and to grant all such other relief as may be proper and necessary. RIVER RIDGE DEVELOPMENT THE HUGHES GROUP AU74RITY J Acy xecutive Dire r gehes, President/CEO EXHIBIT A PROPOSED JPOdJiAY M.01CdTlON FOR N;ROL R9,7D SOG'Tf/ s liawi;g eaa 5sen?raparex !w o..tnwsa It l akanoa a> SOWA t'a>ny Rood, it a 9,Vp d anll tie ta.ndory x..rvey aab done. NG :7h7R;t WgwVes N2P6 Star. No lata .'0.— .1— .1—dd 5e�s,a tar vtnE!»o-nq arapw-y ,tnnx r hnc> .ne> a*aeMaU ncr •ua by tha VO arra al>a. (r LAJ l� J anar.�rmrZtavvuu G/ CTT1. Or K7! pts UNE / .tic I I , N { AMA Tvsozve. Awm L2s rrts a {{2.J} i VOW=TV VTX4 �� u s ar _ eaur 6414M {a N W96""^ _ LF N w7all, it/ r•� ,. l'. N W,62x *90.•1• ZM6:' A � A� m SY.J's ' `� • 1 I.R T. -.N..JPM "N 1 .-1. '.Mr.U, I .k ORAMNC CJF A.Rt; C:? $£REr? OEOrA.70N 'Y ?4.-VC( ROAD WU77i 1''i THE MWN rF IJrr-4, .N S'URLfi'^i ;!L44; 2/ Gh !Nt 2.%NCrS GRAN; ,c "LARK Cal. �Y. 'No .1 YC(_ r)H" ORAMNC –90kS NC% R6f'RfiEv"A FIG:K'ACrW&VT !,^AvAt OR NOI:'E 15L'RY87 OR SURVEYrGP'S c^,,-177O& REa?R' qI!>a All iW!wr eV i� ars'.,www ro,' M•Y�wYW LINO SLIRYd•YOB6 INC. ACX ^•ORf J4 >i,JrHC B1d r COURT.44,VVV PO BOX 767 ' t 'A%t ,WVAU,,Y ✓A":rA•47'VYlL66; /.YOLCVA 47191-0157 8200 e NICAWAY 82 UfTP tO(1 TSLd'P/MNA` dfd-?8p 1183 %£�:"E�5v"NNLZ2, 7N f"%f. 417 dGtV.TS.YBB.T9:�[:VQtir7rV,VBT DR1/,V SY i)R;d YCILd' t k:9 ZP16 EXHIBIT B DES(RtPTIO`OF PROPOSED DEDIC:UTTO`OF SOUTH PATROL ROAD Bang a part of Sur.rs=17 and j-27 of the 11asus Grant to Claris Couat;s.Indtam and being Amber descrked as follo%-, Begnmw at a Mone on the common corner of Sur.r,5 17. 26 and_`?.Thence v 54-L"50-E-aomg the Brae dr-Aw smd Swore,N 17 2nd'7, 10 99 feet to THE TRUE PLACE Of BEGENNNG Tbence S 1.15'33"E . 11'03 feet_ Thesbce 02 31 trot along the arc of a 400 foot radius rune to the rtght,concax westerly be= subtended by a chord bexw S$_'9 WE 190 46 fixt. Tbence S 14-1714'W.9139 fret: Thence S 93-45I'E.60 01 feet to an eastern true of Rnrr Rsdge Commerce Center and a vk eoern Ione of Quarts Bluff as shown m Plat Book 13 Page 32 of said Counts records. Thence` 5.1 714"E . along said eastern lore_ 19i 09 feet to a steel k9ce post on a corner of sad Rorer Rxte_c Thence\"-I5'33 W. aloe¢a lase of sand Fu%w Rxige,4?4 Ser&et to a steel Sense post on a corner of said Rj%w Ridge: Thrace Is 7-35705'E . along a line of sant Rrw R:dge. 125 97 Sect to a steel fence post on a corner of sad River Rdee. Tbence`39--W59"E .gong a lime of said Rrtr Ridge 399 77&tet to a steel fence Post on a corner of sad Rner Ridge: Thence N 59_'D'OT'E._glace a hoe of sad Rnw Rxlee.221 3'Saet to a steel fence post on a corner of sad Ri%w Ridee. Thrace N 66.1 S''_1'E..along aline of s.W Rr.w Rade.25-14-7 fent to a steel kwe post on a corner of said Rr-w Ridee= Thence N 52-16'2 VE..gomt afire of said Rr.-er Rxige.NO 19 feat to a;feel fence post on a corner of sad Rim Rxtgr: Thnce r 59.19 5"E..aow a Sae of sad Rrttr Ridge, 132 16 fat to a steel fence post on a corner of said Rrir Ridge, Thmce S 63.41'53E.along a for of imd Ryser Ridgy "6 41 fort to a steel&=post on a cotes of said Raze Ridste. Tbence`21.24"-3'E_.along a lire of said Rna Ridge_87 15 feet to a steel fence post on a corner of sad Mier Ridge: Tbence r 63-#Z53 V.234 09 ker Thence S rl -IW52"W. NO 42 feet (Legal description continued on next page) EXHIBIT B, PAGE 2 Thence S.52•16'21"W.. 236.51 feet: Thence S.66.13'21"R'.. _43,14 feet: Thence 5.59.200 "'W.. 235.32 feet: Thence 5.39.46'59W.. 42-.42 feet. Thence S.'•35'05- .. 159" feet. Thence 5.22.15'33"E.. 266.04 feet to THE TRUE PLACE OF BECiN 'G. Containing 3.441 acres and being subject to all eaietuewi of record. NOTE: This description prepared from record documents for Right-of-Way dedication ptnposei only. INSERT EXHIBIT C RESOLUTION NO. 57-2016 A RESOLUTION AUTHORIZING DISANNEXATION OF PORTION OF SOUTH BOUNDARY PATROL ROAD WHEREAS, on June 22, 2015 the Board adopted Resolution No. 49-2015 approving an agreement with Hughes Development, I.I.0 ("Hughes') by which Flughes agreed to install the final surface layer of asphalt to that portion of South Boundary Patrol Road illustrated in Exhibit A and described in Exhibit B (the "Road") and to realign Paul Garrett Avenue into the Road both in exchange for River Ridge Development Authority's agreement to dedicate the Road to public use;and WHEREAS,on May 16, 2016 the Buard adopted Resolution No. 39-2016 acknowledging the completion of the work by Hughes and authorizing the dedication of the Road into the road maintenance inventory of the Town of Utica;and WHEREAS, Hughes has determined that the Road must be disannexed trom the City of Jetfcrsonville bel'orc Utica will accept it into its road inventory;and WHEREAS,the Executive Director should be authorized to execute a petition to disannex the; Road from Jeffersonville; NOW TflERF,FORI , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE RIVER RIDGE DEVELOPMENT AUTHORITY AS FOLLOWS; rhe Executive Director is authorized to execute a petition to disannex that portion of South Boundary Patrol Road as illustrated in Exhibit A and described in Exhibit B from Jefferwmville in order to lay the groundwork to file a petition with Utica to make the Road a pari of Utica's road inventory. RESOLVED BY VOTE OF THE BOARD ATA DULY CALLED REGULAR MEETING OF THE BOARD OF DIRECTORS FOR THE RIVER RIDGE DEVEI,OPNIENT AUTHORITY ON AUGUST 15,2016. Attest: Aawt-�ja- OL—�Mark Robinson, President Attest: .. . �. r — — __ Kim Matthews, Secretary/Treasurer EXHIBIT D RESOLUTION NO. 39-201 b A RESOLUTION DEDICATING A PORTION OF SOUTH BOUNDARY PATROL ROAD TO THE TOWN OF tJTICA FOR PUBLIC USE WHEREAS, on June 22, 2015 the Board adopted Resolution No. 49-2015 approving an agreement with Hughes Development, I,1.0 ("Hughes") granting to Ilughes the non-exclusive use of the portion of South Boundary Patrol Road that serves Quarry Bluffs Estates subdivision,as illustrated in Exhibit A and described in Exhibit B (the "Road") in exchange for Hughes making improvements to the Road; and WHEREAS, the agreement stated that RRDA will cooperate with Ilughus in having the Road dedicated for public use into the road inventory of a public entity upon Hughes making Road repairs, installing a final surface layer of asphalt to the Road, and realigning Paul Garrett Avenue into the Road; and WHEREAS,all such work has been completed by Hughes; and WHEREAS, the Town of Utica has indicated its willingness to accept the Road into its road inventory and to maintain the Road as a public road; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TIIF RIVFR RIDGE DEVELOPMENT AUTHORITY AS FOLLOWS: The Executive Director is authorized and directed to execute a petition or application to the 'I own of Utica, Indiana, to dedicate the Road for public use and for Utica to maintain the Road as a public road. (general Counsel is authorized and directed to prepare such petition. RESOLVFD BY VOTE OF THE BOARD AT A DULY CALLED REGULAR MEETING OF THE BOARD OF DIRECTORS FOR THE RIVER RIDGF. DEVELOPINVIEN'T AI THORITY ON MAY 16, 2416. Attest: ' � ' J. Mark Robinson, President i Attest: Kim Matthews, Secretary!1 reasurer BEFORE THE BOARD OF PUBLIC WORKS FOR THE CITY OF JEFFERSONVILLE, INDIANA NOTICE OF PETITION FOR DISANNEXATION NOTICE IS HEREBY GIVEN that the River Ridge Development Authority and Hughes Development LLC have filed a petition before the Board of Public Works for the City of Jeffersonville, Indiana, requesting that a parcel of real estate owned by them be disannexed from the corporate boundaries of the City of Jeffersonville, Clark County, Indiana. The territory sought to be disannexed is described as follows: Being a part of uta.a;:,=1'and J�?-of the iltnlois Grant to Clark County. lttwl;aria aitd Nine Currher described as,follow;: Be-zhuting ata ;tone on the connnon corner of Sur%eyr 1'. 20 and Thence t.541221'50"E -along the Line dividing sad Surveys t'atxl 2". It" leer to THE TRUE PLACE OFBEGINN'Mt3 Theme S. ,'15'33"'E . I l_:r;3 fret. Thence 192 }t feet 31009 rhe art of a 4041 four radar,cure to the cialu.coticave we.terl .bem sutitenled by a chord beatutg S 3. 9'fA)4 E, 19ti 46 feet. TImuce S i•1"1!-w., j I ?a feet: Thence 5 3 043';1'E . 6-)01 feat to an tartly kw of River Ridge c ofnilwtce c eater and a w"em bile of Quam Bluff as ihoun in Plat Book t 3. Paste —'of;aid Cotinty records: Theme NN.5.1"l4'E-along �aiid ea,rem late. 195 i39 fen to a sfeet fxnca po.r on a cornar of,aid Rrvet Ridze: Thttt.e _2.15;?"R'. :t3C,rt�a tart of s,td Rs<ar Ralge 4-434 feet to a steal ftitce po,r otz a corder of "Iiil River Rtdtr. Thence N 3S't)s'E .:tutu;a Iwe of-Aid Rn•tr Ratije. 125 a-&ret to :i steel fesfct post )n'f Collier of said River Ridge: Thence V 39-4619"E .41on.v a line of;aid River Ritttce. ;Qo --feet,to a steel f awe post on a coni t of said Rn'er Ridge: Thenct'k _E, <itonz a late or ad Rivet Rdet 21 3-'feet to a steel&tact posr on a,:truer of ,aid River FA*e. Thence -E.£gong a Iitte,=f std River Ridwe. 25: a" feet to a,rete faCt poit on a corner of kid Rix•et Rxiga': Thence'-w 52.16' I"E .alone a lute of�atd River Ridge. 2()o:1,?feet to a heel fetter po,r on a confer of said River Wee. Thence "S9.19';�"E.,alr,tta a Iine,?f->aid Rivet-Ridge, 132,16 feet to a steel fin1ce post on a cc+nter of said River Rdae: Thence S 63•a_'t+`'E .31o112 a lair cf Said River R1d2e. -.-16 41 feet ro a steel fence W?st~Nn a collier of laid River Ridge. Thettct;ti.2 t•24'23"E ,alottg a itue of•aul Rr.'et Ridge. 8- l5 fit to a Steel taAcc pUit on a:older of said River Rai9e Theme N7 63*4--S 3"'W. feet. Thence S <9.1 'S_'��`.. _sir 1„ feer: Thence S 52•16'21"W..256.51 feet: Thence S.66.18'21"W.,248.'14 feet. Thence S.59.20'0'"W.. 235.32 feet. Thence S.39•4659"W,.427.42 feet: Thence S.7•35'05"W.. 159.27 feet. Thence S.22.15'33"E..266.04 feet to THE TRUE PLACE OF BEGINNING. Containing 3.44 acres and being subject to all easements of record. NOTICE IS FURTHER GIVEN that the Board of Works for the City of Jeffersonville, Indiana, shall conduct a hearing on such petition on thedaly y of r,2016,at� p Z/ ,-� o'clock a_-m. Interested parties may appear and remonstrate and the public is invited to attend. DATED this day of 0VA-d-S-,f--- 2016— Signature of Authorized Person Le-S I I-Q, f V�-,v Ldejl�— Printed Name Tit e W131 A