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HomeMy WebLinkAbout2004-OR-06 ORDINANCE NO. 2004-OR- 6 AN ORDINANCE ANNEXING CONTIGUOUS TERRITORY BY VOLUNTARY PETITION WHEREAS, (i) the Armstrong Family Trust dated July 23, 1994; (ii) the Mary G. Armstrong By-Pass Trust dated July 23, 1994; (iii) D & D Tree Movers, Inc.; (iv) Roger S. Hay and Melinda J. Hay; and (v) Donald Norris and Phyllis J. Norris (collectively, the "Petitioners"), the owners of a 44.9409 acre parcel of land (hereinafter "the Parcel") located outside of but contiguous to the City of Jeffersonville (hereinafter "the City") have jointly filed a petition requesting annexation of the Parcel (the "Petition"), which Petition is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Petition was set for public heating on February 23, 2004, at the regularly scheduled meeting of the Jeffersonville Common Council (the "Council"); and WHEREAS, notice of the public heating on the Petition was published in the .Evening News on January 30, 2004; and WHEREAS, after holding a public heating at its regularly scheduled meeting of February 23, 2004, the Council finds: 1. The Parcel is contiguous to the City as required by IC 36-4-3-1.5; 2. The Parcel is needed and can be used by the City for its development in the reasonably near furore; 3. The City has developed and adopted a written fiscal plan as memorialized in Resolution 2000-R- q _; and WHEREAS, the Council believes it is in the best interests of the City that the Petition be granted and the Parcel be annexed into the City; NOW, THEREFORE, BE IT HEREBY ORDAINED that, effective as of the fourteenth day following the adoption of this ordinance (the "Effective Date") and pursuant to the provisions of Indiana Code 36-4-3-5.1, the parcel is hereby annexed into the City as a portion of the Fourth Municipal Legislative District; and be assigned for purposes of the Zoning tjra~nance me t~lty o~ J.q~,~o,, , zoning classifications evidenced by Ordinance No. 2003-OR- fit (affecting 14.517 acres) and Ordinance No. 2003-OR-39 (affecting 49.24 acres). IT IS HEREBY FURTHER ORDAINED that pursuant to the provisions of Indiana Code 36-4-3-22, the Clerk-Treasurer of the City of Jeffersonville is hereby ordered as of thirty (30) days following the Effective Date of this ordinance to: 1. File this annexation ordinance with the Clark County Auditor, the Clark Circuit Court Clerk, Indiana Secretary of State, and the employee of the State Board of Tax Commissioners currently designated by the Governor as the state certifying official for the Boundary and Annexation Survey of the United States Bureau of the Census pursuant to the provisions of Indiana Code 6-1.1-30-15, and 2. Record a copy of this annexation ordinance in the office of the Clark County Recorder. This Ordinance shall be in full force and effect from and after the Effective Date. Passed this _ ~¥x. day of rq4~aa,-y 2004. Presiding Officer / ATTEST: Clerk -Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this day offS,,, 2004. Peggy-~tteter Clerk -Treasurer This Ordinance approved and signed bY me tm~oh~~04' PETITION FOR THE ANNEXATION INTO THE CITY OF JEFFERSONVILLE OF 44.9409 ACRES SITUATED IN JEFFERSONVILLE TOWNSHIP, CLARK COUNTY, INDIANA COMES NOW (i) the Armstrong Family Trust dated July 23, 1994; (ii) the Mary G. Armstrong By-Pass Trust dated July 23, 1994; (iii) D & D Tree Movers, Inc.; (iv) Roger S. Hay and Melinda J. Hay; and (v) Donald Norris and Phyllis J. Norris (collectively, the "Petitioners"), and recite as follows: 1. The Armstrong Family Trust dated July 23, 1994, and the Mary G. Armstrong By-Pass Trust dated July 23, 1994 are the joint owners of those two (2) parcels of real property situated in Jeffersonville Township, as more particularly described as Parcel 1 in ExhibitA attached hereto and made a part hereof for all purposes (the "Armstrong Property"). 2. D & D Tree Movers, Inc is the owner of those three (3) certain parcels of real estate situated in Jeffersonville Township, as more particularly described as Parcel 2 in Exhibit A attached hereto and made a part hereof for all purposes (the "D&D Property"). 3. Roger G. Hay and Melinda J. Hay are the owners of that certain parcel of real estate situated in Jeffersonville Township, as ?nore particularly described as Parcel 3 in ExhibitA attached hereto and made a part hereof for all pflrposes (the "Hay Property"). 4. Donald Norris and Phyllis J. Norris are the owners of that certain parcel of real estate situated in Jeffersonville Township, as more particularly described as Parcel 4 in Exhibit A attached hereto and made a part hereof for ail purposes (the Norris Property," and together with the Hay Property, the D&D Property and the Armstrong Property," collectively referred to hereinafter as the "Property"). 5. The Property is located in Jeffersonville Township, Clark County, Indiana. 6. A portion of the Armstrong Property is currently situated with the corporate limits of the City of Jeffersonville. The D&D Property, the Hay Property and the Norris Property are contiguous to the Armstrong Property. Accordingly, at least one-eighth (1/8) of the aggregate external boundaries of the Property coincides with the existing boundaries o£the City of Jeffersonville. Petitioners have attached hereto as Exhibit B, the metes and bounds description of that portion of the Property which is not currently situated in the City of Jeffersonville but that Petitioners request to be annexed into the City of Jeffersonville. 7. The Petitioners represent one hundred percent (i00%) of the owners of land within the territory sought to be annexed. 8. The Petitioners represent ownership of one hundred percent (100%) of the total assessed value of the land (for properly tax purposes) within the territory sought to be annexed. Page 1 of 3 PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE 9. The City of Jeffersonville, Indiana presently provides essential municipal services to a portion of the'Armstrong Property. The City of Jeffersonville, Indiana is physically and financially able to provide those municipal services which are not presently provided. 10. The City of Jeffersonville previously favorably considered a rezoning of the Property and variances from the zoning development standards associated with the rezoned classification. Said applications being previously approved at public meetings held by the Jeffersonville City Council and the City of Jeffersonvilte Board of Zoning Appeals. Wherefore, Petitioners jointly request that: 1. The City of Jeffersonville introduce and adopt an ordinance annexing the property which is subject of this petition into the boundaries of the City of Jeffers0nville within thirty (30) days of the filing hereof, as required by Indiana Code 36-4-3-5.1(e). 2. The City of Jeffersonville authorize Petitioner to publish notice of said public meeting one (1) time not less than twenty (20) days prior to said meeting, as required by Indiana Code 36-4-3- 5.1(e). 3. The City of Jeffersonville adopt a fiscal plan with respect to the property which is the subject of this petition in accordance with Indiana Code 36-4-3-3.1. 4. The City of Jeffersonville hold a public hearing on this petition at the same meeting which it schedules for the introduction of said ordinance. 5. The City of Jeffersonville is not required to provide notice of this petition by certified mail to those contiguous landowners. See, Indiana Code 36-4~3-2.2(a) and Indiana Code 36-4-3-5.1(a). 6. The Petitioner would request that the Common Council for the City of Jeffersonville adopt the fiscal plan and proposed annexation ordinance fourteen (14) days after said public hearing. 7. The Petitioner would request that, following the Jeffersonville City Council's adoption of the proposed annexation ordinance, the clerk of the City of Jeffersonville do the following not later than thirty (30) days from the adoption of said ordinance: A. File the annexation ordinance witti the Clark County Auditor, the Clerk of the Clark County Circuit Court, and the office of the secretary of state. B. Record the annexation ordinance in the office of the Clark County Recorder. Page 2 of 3 PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE Executed as of the _/L,'r~aY of January, 2004, by the undersigned Petitioners The Armstrong Family Trust ~rold-W. Armstrong, Co-Truste Ruth A. Bandy, Co-Truste? THE MARY G. ARMSTRONG BY-PASS TRUST · ~Harold W. Armstrong, Co-T~ustee Ruth A. Bandy, Co-Trustee D & D TREE MOVERS, INC., an Indiana corporation By: Dennis M. Julius, President ROGER G. HAY MELINDA J. HAY DONALD NORRIS Page 3 of 3 PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE The Armstrong Family Trust THE MARY G. ARMSTRONG BY-PASS TRUST By: Harold W, Armstrong, Co-Trustee By: Harold W. Armstrong, Co-Trustee Ruth A. Bandy, Co-Trustee By: Ruth A. Bandy, Co-Trustee D & D TREE MOVERS, INC., an Indiana corporation By: D/ennis M. Julius, President // · ROGER~'G. HAY MELINDA J. I~Y *f~("~'- DONALD NORRIS PHYLLIS J. NORRIS Page 3 of 3 PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE Executed as of the ! (,q~'day of January, 2004, by the undersigned Petitioners The Armstrong Family Trust THE MARY G. ARMSTRONG BY-PASS TRUST By: Harold W. Armstrong, Co-Trustee By: Harold W. Armstrong, Co-Trustee Ruth A. Bandy, Co-Trustee By: Ruth A. Bandy, Co-Trustee D & D TREE MOVERS, INC., an Indiana corporation l~ennis M. Julius, p~Ydent ROGER G. HAY MELINDA J. HAY DONALD NORRIS PHYLLIS J. NORRIS Page 3 of 3 EXHIBIT "A" LEGAL DESCRITION OF PROPERTY, PARCEL 1 Tract No. 1 (Part of 3017 Charlestown Pike, Jeffersonville, 1N 47130~ Being a 35.4903 acre part of a 71 acre tract of land heretofore conveyed to The ArmsB'ong Family Trust by deed as recorded in Deed Drawer 29, Instrument No. 16968 and to The Mary G. Armstrong By-Pass Trust by deed as recorded in Deed Instrument No. 3213007 of the Clark County, Indiana Record of Deeds, being a part of Surveys No. 34, and 35 of the Illinois Grant, Jeffersonville Township, Clark County, Indiana and being more fully described as follows, to-wit: Commencing at the Northernmost corner of Survey No. 21 of said Illinois Grant, thence along the common line between Surveys No. 22 and 34 of said Illinois Grant, North 55° 04' 07" East 49.17 feet, thence leaving said line North 35° 14' 17" West, 49.57 feet to a capped iron pin, stamped "Primavera S0131"; thence continuing North 35° 14' 17" West along the Easterly right of Way of Armstrong Road, 207.88 feet to a capped iron pin "Primavera'; thence continuing along said Easterly right of way along a curve to the right, said curve having a central angle of 15° 37' 23", a radius of 410.00 feet and a chord which bears North 27° 25' 35" West, 111.45 feet to the true place of beginning of land to be herein described: Thence continuing along said Easterly right of way along a curve to the right, said curve having a central angle of 33° 20' 18", a radius of 410.00 feet and a chord which bears North 2° 56' 44" West, 235.21 feet to a capped iron pin "Primavera'; thence continuing along said Easterly right of way, North 13° 43' 24" East, 266.72 feet to a capped iron pin "Primavera"; thence continuing along said Easterly right of waY along a curve to the left, said curve having a central angle of 590 38' 50", a radius of 670.00 feet and a chord which bears North 16° 06' 01" West, 666.42 feet to a capped iron pin "Primavera'; thence continuing along said Easterly right of way, North 45° 55' 26" West, 90.30 feet to a capped iron pin "Primavera"; thence leaving said right of way, North 44° 12' 11" East, 70.53 feet to a capped iron pin "Primavera" on the common line between Surveys No. 34 and 35 of said Illinois Grant; thence along said common line, South 35° 47' 05" East, 125.90 feet to a capped · 6° .... . ncc leavin said common line, North 55° 03' 11" East, 1183.78 feet to a steel pm; thence South 3 ironpin Primavera the g . ,, ~ ,, ,,_ ~,oaQ, ~"West 151.40 feet to a eapped iron pin 21 ' ~i9" East, 494.40 feet to a capped tron p~n "Prtmavera , thence ~outn "Primavera"; thence South 36° 21' 49" East, 362.40 feet to a P.K. nail in the centerline of the Jeffersonville-Charlestown Pike; thence along said centerline as follows: South 06* 38' 11" West, 339.18 feet to a P.K. nail; along a curve to the right said curve having a central angle of 36° 40' 00", a radius of 600.00 feet and a chord which bears South 24° 58' 11" West, 377.45 feet to a P.K. nail; South 43 ° 18' 11' West 251.15 feet to a P.K. nail; thence leaving said centerline, North 46° 41' 49" West, 21.28 feet to a capped ~ron pin "Primavera' on the right of way of said jeffersonville-Charlestown Pike, thence North 39° 10' 16" West, 280.41 feel to a point; thence South 60° 00, 22" West, 828.24 foet to the place of beginning and containing 35.4903 acres of land. Tract No. 2 (3215 Charlestown Pike, Jeffersonville, Indiana 47130) Beginning at a point in the southeast line of Illinois Grant No. 34, which point is in the center of the Charlestown Pike (formerly known as Charlestown and Jeffersonville Pike) and is 1505.2 feet S. 50 deg. W. from the east comer of Survey No. 34; thence N. 50 deg. E. 365.2 feet to the point of intersection of a curve to the right, having a radius of 445 feet, and a long chord of 195 feet; thence N. 74 deg. 59' E. a distance of 364.0 feet to the point of intersection of a curve to the left, having a radius of 455 feet and a long chord of 190 feet; thence N. 39 deg 29' E. 1179.5 feet with the center of such road to a point of intersection of a curve to the left, having a radius of 600 feet, and a long chord of 380 feet; thence N. 2 deg 49' E. with the center of such road a distance of 760.0 feet to a point in the center of the aforesaid Charlestown and Jeffersonville Pike, THE TRUE PLACE OF BEGINNING; thence leaving such road running N. 40 deg. 11' W. a distance of 200.0 feet to a stake; thence S. 49 deg. 49' W. 151.4 feet; thence S. 40 deg. 11' E. 362.4 feet to a point in the center of the aforesaid pike; thence N. 2 deg. 49' E., with the center of the said road 222.0 feet to the true place of beginning. PARCEL 2 (3311 and 3313 Charlestown Pike, Jeffersonville, Indiana 47130) Tract No. I Being part of Survey No. 35 in the Illinois Grant, Clark County, Indiana, and described as follows, to-wit: Beginning at the southwest comer of Grant 35 on the line dividing Grant Nos. 34 and 35; thence North 40 deg. 30' West 1336.50 feet to a stake; thence North 49 deg. 30' East 1333.20 feet to a stake, THE TRUE PLACE OF BEGINNING; thence North 30 deg. 40' 15" East 89.59 feet to a stake; thence South 40 deg. 20' East 482.60 feet to the center line of the Charlestown-Jeffersonville Turnpike Road; thence South 2 deg. 11' 15" West 125.34 feet to a stake; thence North 40 deg. 20' West 545.82 feet to THE TRUE PLACE OF BEGINNING, containing 1 acre. Tract No. 2 Being a part of Survey NO. 35 of the Illinois Grant and being also a part of the same land conveyed to Amanda (Holland) Sparks . as recorded in Deed Record 130, page 545 and being more particularly described as follows, m-wit: Commencing at the southernmost comer of said Survey No. 35, running thence North 35 deg. 04' West, 1336.5 feet with the line dividing Surveys No. 34 and 35 of the Illinois Grant to an iron pipe stake which is the tree place of beginning of the land to be herein described; continuing thence North 35 deg. 04' West, 126.50 feet with the line dividing said Surveys No. 34 and 35 to an iron pipe stake in the southeast right-of-way line of the Pennsylvania Railroad; thence North 44 deg. 00' East 1435.10 feet with said right-of- way ~ine to an iron pipe stake; thence South 51 deg 28' East, 343.87 feet to an iron pipe stake; thence South 34 deg. 26' West, I92.84 feet with Calton and Burns' lines to an iron pipe stake; thence South 54 deg. 53' West, t325.28 feet with Armstrong's line (DR 153, page 156) to the true place of beginning and containing 8.79 acres of land, more or less. Tract No. 3 Being part of Survey No. 35 in the Illinois Grant, Clark County, Indiana, and described as follows, to-wit: Beginning at the southwest corner of Grant No. 35 on the line dividing Grant Nos~ 34 and 35; thence North 1336.50 feet ~o a stake; thence North 49 deg. 30' East 1333.20 feet to a stake; thence North 30 deg. 40! 15" East 89.59 feet to the true place of beginning; thence Continuing North 30 deg. 40' 15" East 103.25 feet to a stake; thence South 40 deg. 20' East 409.73 feet to the center line of the Charlestown-Jeffersonville Turnpike Road; thence South 2 deg. I 1' 15" West along said center line 144.42 feet to a stake; thence North 40 deg. 20' West 482.60 feet to the true place of beginning, containing I a~re. PARCEL 3 (3129 Charlestown Pike, Jeffersonvitle, Indiana 47130) A tract of land in Survey No. 35 of the Illinois Grant: Beginning at a stone near the center of the Charlestown and Jeffarsonville Turnpike, running thence North 6 deg. 20' East 5.76 rods to a stake; thence North 36 deg. 20' West 38 rods to Lawrence's line; thence southwardly and along Lawrence's line 4 rods to a stake; thence South 36 deg. 20' East 42.24 rods to the place of beginning, containing 1 acre. PARCEL 4 (3201 Charlestown Pike, Jeffersonville, Indiana 47130) Being part of Survey No. 35 of the Illinois Grant to Clark County, Indiana, to-wit: Beginning at the south comer of Survey No. 35 of the Illinois Grant, near the center of the Charlestown and Jeffersonville Turnpike Road; thence with the center of said turnpike in a northeasterly direction 100 poles, more or less, to a stake, where the line of Lawrence's land and said Turnpike Road intersect, THE TRUE PLACE OF BEGINNING; thence N. 41 deg. W. and with Lawrence's line 33.06 poles to a stone; thence S. 49 deg. W. and with Lawrence's line 4.45 poles; thence S. 36 deg. 20' E. 38 poles to the center of aforesaid turnpike; thence N. 6 deg. 20' W. 7 poles to the true place of beginning, containing 1 acre, more or less. EXHIBIT "B" 9 . DESCRIPTION OF A~EXATION TRACT Being a part of Surveys No. 22 and 35 of/he Illinois Grant to Clark County, Indiana, leffersonville Township, and being more particularly described as follows: Commencing at tho south comer of said Survey No. 35; thence along the dividing llne between Survey lie. 35 and Sunrey No. 34, North 34055'27" West (Grid North), 28~03 foot to a point on the northwesterly fight-of-way line of Charle~t0wn Pike, being the True Place of Bcgiuning of the herein described tract; Thence continuing along said dividing line, said line also beinl/the City's boundary, North 34055'27'' West, 1445.47 feet to thc southeast linc of a tract conveyed to loffersonville, Ltd. by Deed Drawer 20, Iastmment 14176; thence along said southeast line, North 44009'22'' East, 1434.91 feet w thc westerly comer of a tract conveyed to Gary L. Morrison by D~d Drawer 15, Instrument 9926; thence along the southwest line of said Morrisun tract and a southwest line of a tract conveyed to Timothy E. Mitchell by Instrument 200310160, South 51 o 14'48" East, 343.36 f~et to a comer of said Mitchell tractl thence South 36°17'27'' East, 409.65 feet to tho center of tho Charlestown-Jeffeesonville Pil/c (40 foot right-of-way); thence along tho center of said fight-of-way the following six (6) courses: (I) South 06°ll'24"West, 269.99' feet; thence (2) S0uth 07°31 '52"West, 201.31' feet;thence (3) South 06°42'05"West, 222.03' feet; thence (4) South 06°35'16" West, 339.31' feet; thence (5) On a curve to tho right, said ~urve ha~ing a central angle of 36°40'00'', a radius of 600.00 feet, and a chord which bears South 24055.' 16" West, 377.45 feet; thence (6) Sonth 43°15 ' 16" West, and ox'tending into Survey No. 22, a distance of 251.15 feet to a point on th~' City boundary; thence leaving the center of said right-of-way with said City's boundary, and extend/rig into Survey No. 35, North 46°43'14' West, 21.28 feet; thence with said Cily boundary, South 77°52'03" West, 31.90 feet; thence with said City boundary~ South 55029'42'' We~ 223.45 feet to the true place of beginning. Containing 44.9409 acres and.being subject to all eascments and rights-Of-ways whether recorded or not. Being thc same property conveyed to D & D Tree Movers, Inc. by Deed D~awor 30, In~ent'i3889; Donald E. Non-is and Phyllis I. Norris by Deed Drawer 26, Instn~nent 9874; Roger G. Hay and Meiinda J. Hay by hstmment 2001'10306; The Armstrong Family Trust by Instrument 3220426~ und a part of the prOPerty conveyed to The Armstrong Family Trust by De~d Drawer 29, Instrumen~ 16965 anrl The M,ary ~ G. Arm~Ong By-Pass Trust by hstn/ment 3213007 .(All de~t docume/~ts referenced h~rein are °n me · at the Clark County, Indiana Recorder's The above description is based on a survey of the subject prop~y by St~pben L. Marshall, PL5 No. 20000204, of John/3. Brinkwo~h, Inc., File No. 11563~ Dated December 12, 2003.