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HomeMy WebLinkAbout2005-OR-82ORDINANCE NO, 2005-OR-82 AN ORDINANCE ANNEXING TERRITORY INTO THE CITY OF JEFFERSONVILLE, INDIANA, ON PETITION BY ALL OF THE OWNERS OF SUCH TERRITORY PURSUANT TO THE PROVISIONS OF lC 36-4-3-5.1 Whereas, on or about November 23, Allison Courtyards, LLC, voluntarily filed a petition before the Common Council for the City of Jeffersonville, Indiana requesting the annexation of an approximately 25.51 acre tract of real estate presently located in the unincorporated territory of Clark County, Indiana, into the corporate boundaries of the City of Jeffersonvilie, Indiana, pursuant to the provisions oflC 36-4-3-5.1; and, Whereas, pursuant to the provisions of IC 36-4-3-5.1(e), a notice of public hearing scheduled before this City Council on December 19, 2005, has been published in accordance with Indiana law at least twenty (20) days before the holding of such hearing, and evidence in the form of proof of pubheation of such notice was entered into the record at such public hearing; and, Whereas, this City Council held such public hearing as scheduled on December 19, 2005, at which the petitioner and all other persons interested in the proposed annexation were afforded the opportunity to speak and address their objections or concerns; and, Whereas, more than fourteen (14) days have elapsed since the holding of the public hearing on the requested annexation; and, Whereas, this City Council now deems it to be in the best interests of the City of Jeffersonville, Indiana, to grant the petition for voluntary annexation by adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by this City Council of the City of Jeffersonville, Indiana, as follows: I. The following described real estate is hereby declared as annexed into the City of Jeffersonville, Indiana, to-wit: Being a part of Survey #12 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a concrete monument on the common comer of Surveys #11 and #12 and in the 1/ne of Survey g4; thence N. 49 deg. 04' 08" E., along the tine dividing said Surveys ~4 and #12, 50.72 feet to the original northwest right-of-way line of Middle Road; thence N. 14 deg. 31' 11" E., along said Right-of-way line, 158.47 feet; thence N. I6 deg. 31' 01" E., along said Right-of-way line, 928.69 feet; thence N. 40 deg. W., (basis of bearings, passing through a concrete monument at 353.66 feet) 634.52 feet to an iron pipe, THE TRUE PLACE OF BEGINNING; Thence N. 40 deg. 28' 56" W., 1462.2 feet to a steel pin on the south comer of Lot 12 in Mellwood Subdivision as shown in Plat Book 6, page 173 of said county records; thence bi. 44 deg. 41' 46" E., along the southeast line of said subdivision, 918.51 feet to the southwest Right-of- way line of Allison Lane; thence S. 40 deg. 33' 10" E., along said Pdght- of-way line, 623.02 feet; thence S. 37 deg. 12' 56" W., 297.61 feet; thence S. 27 deg. 26' 24" E., 564.55 feet; thence S. 63 deg. 02' 45" E., 448.16 feet to the northwest Right-of-way line of Middle Road; thence along said Right-of-way line, 54.01 feet along the arc of a 2479.43 foot radius curve to the right (concave northwesterly), being subtended by a chord bearing S. 9 deg. 43' 26" W., 54.01 feet to a steel pin; thence S. 62 deg 33' 644.93 feet to THE TRUE PLACE OF BEGINNING, containing 25.51 acres and being subject to all easements of record. 2. This Ordinance shall take effect thirty (30) days after its passage and adoption by this City Council, and upon the filing and recording of the Ordinance as required by Indiana law, in the absence of an appeal under IC 36-4-3-15.5. 3. The Clerk-Treasurer is hereby directed to publish notice of the adoption of this Ordinance in The Evening News newspaper one (1) time within thirty (30) days after the adoption of this Ordinance in accordance with the provisions eric 5-3-1-2(h). '4. In the absence of an appeal against this Ordinance filed pursuant to IC 36- 4-3-15.5, the Clerk-Treasurer is hereby directed to do the following within ninety (90) days after the adoption of this Ordinance: A. File a certified copy of this Ordinance with each of the following: (1) The Clark County Auditor, together with seven (7) additional copies that the Auditor may use to forward in accordance with the provisions of IC 36-4-3-22(d) to (a) the Clark County Highway Department, (b) the Clark County Surveyor, (c) the Clark County Plan Commission, (d) the Clark County Sheriff, (e) The Jeffersonville Tovoaship Trustee, (f) the office of the Indiana Secretary of State, (g) the office of census data established by IC 2-5-1.1 - 12.2. (2) The Clerk of the Clark Circuit Court; (3) The Clark County Board of Voter Registration; (4) The office of the Indiana Secretary of State; (5) The office of census data established by IC 2-5-1.1-12.2. 2 Bo County Recorder. Record a certified copy of this Ordinance in the office of the Clark So Ordained this dayof ~(~u?t3 tLvt.~L-. © · 2005. , Member Member Attested by: , Member 3 NOTICE OF PUBLIC HEARING ON PETITION FOR ANNEXATION Notice is hereby given that petitioner, Allison Courtyards, LLC, has filed a petition before the Jeffersonville Ci~ Council for the annexation of the following- described tract of real property that is presently located in the unincorporated territory of Clark County into the corporate boundaries of the City of Jeffersonville, to-wit: Being a part of Survey #12 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a concrete monument on the common comer of Surveys #11 and #12 and in the line of Survey g4; thence N. 49 deg. 04' 08" E., along the line dividing said Surveys ~4 and #12, 50.72 feet to th~ original northwest right-of-way line of Middle Road; thence N. 14 deg. 31' 11" E., along said Right-of-way line, 158.47 feet; thence N. 16 deg. 31' 01" E., along said Right-of-way line, 928.69 feet; thence N. 40 deg. W., (basis of bearings, passing through a concrete monument at 353.66 feet) 634.52 feet to an iron pipe, THE TRUE PLACE OF BEGINNING; Thence N. 40 deg. 28' 56" W., 1462.2 feet to a steel pin on the south comer of Lot 12 in Mellwood Subdivision as shown in Plat Book 6, page 173 of said county records; thence N. 44 deg. 41' 46" E., along the southeast line of said subdivision, 918.51 feet to the southwest Right-of-way line of Allison Lane; thence S. 40 deg. 33' 10" E., along said Right-of-way tine, 623.02 feet; thence S. 37 deg. 12' 56" W., 297.61 feet; thence S. 27 deg. 26' 24" E., 564.55 feet; thence S. 63 deg. 02' 45" E., 448.16 feet to the northwest Right-of- way line of Middle Road; thence along said Right-of-way line, 54.01 feet along the arc of a 2479.43 foot radius curve to the right (concave northwesterly), being subtended by a chord beating S. 9 deg. 43' 26" W., 54.01 feet to a steel pin; thence S. 62 deg 33' W., 644.93 feet to THE TRUE PLACE OF BEGII'YNING; containing 25.51 acres and being subject to all easements of record. Notice is further hereby given that a public hearing wilt be held on the above- described petition at the regular Jeffersonville City Council meeting scheduled for , at 7:30 p.m. (prevailing local time), to be held at the City County Building, Room 308, 501 East Court Avenue, Jeffersonville, Indiana. A complete copy of the petition for annexation is on file and may be viewed in the Clerk-Treasurer's office at the City County Building during regular business hours. Remonstrances or objections to the proposed annexation shall be heard at such hearing. The Jeffersonville City Council may continue the public hearing from time-to-time as deemed necessary, and may adopt an ordinance effecting such annexation not sooner than fourteen (14) days following the dose of such hearing. So noticed this 23rd day of November, 2005. /s/Peggy Wilder, Clerk-Treasurer This notice prepared by: Alan M. Applegate APPLEGATE & FIFER 131 East Court Avenue, Suite 101 Jeffersonville, Indiana 47131 - 141 It (812) 284-9499 Counsel for Petitioner STATE OF INDIANA BEFORE THE JEFFERSONVILLB CITY COUNCIL 1N RE THE PETITION TO ANNEX A 25.51-ACRE TRACT OF REAL ESTATE INTO THE CITY OF JEFFERSONVILLE, INDIANA, ALLISON COURTYARDS, LLC PETITIONER PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE, INDIANA Comes now petitioner, Allison Courtyards, LLC. ("Allison Courtyards"), and petitions the City of Jeffersonville, Indiana (the "City"), by the Jeffersonville City Council as its legislative body (the "City Council"), as follows: 1. Allison Courtyards is an Indiana limited liability company. 2. Allison Courtyards' is the sole owner of the following described tract of real estate that is located outside of, but contiguous to, the City (the "Real Estate"): · Being a part of Survey $$12 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at a concrete monument on the common corner of Surveys #I1 and #12 and in the line of Survey g4; thence N. 49 deg. 04' 08" E., along the line dividing said Surveys #4 and #12, 50.72 feet to the original northwest right-of-way line of Middle Road; thence N. 14 deg. 31' 11" E., along said Right-of-way line, 158.47 feet; thence N. 16 deg. 31' 01" E., along said Right-of-way line, 928.69 feet; thence N. 40 deg. W., (basis of bearings, passing through a concrete monument at 353.66 feet) 634.52 feet to an iron pipe, THE TRUE PLACE OF BEGINNING; Thence N. 40 deg. 28' 56" W., 1462.2 feet to a steel pin on the south comer of Lot 12 in Mellwood Subdivision as shown in Plat Book 6, page 173 of said county records; thence N. 44 deg. 41' 46" E., along the southeast line of said subdivision, 918.51 feet to the PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE southwest Right-of-way line of Allison Lane; thence S. 40 deg. 33' Iff' E., along said Right-of-way line, 623.02 feet; thence S. 37 deg. 12' 56" W., 297.61 feet; thence S. 27 deg 26' 24" E., 564.55 feet; thence S. 63 deg. 02' 45" E., 448.16 feet to the northwest Right-of- way line of Middle Road; thence along said Right-of-way line, 54.01 feet along the are of a 2479.43 foot radius curve to the right (concave northwesterly), being subtended by a chord bearing S. 9 deg. 43' 26" W., 54.01 feet to a steel pin; thence S. 62 deg 33' W., 644.93 feet to THE TRUE PLACE OF BEGINNING, containing 25,51 acres and being subject to all easements of reeerd. A survey drawing oftbe Real Estate is attached heretO as Exhibit "A". 3. More than l/8th of the boundary of the Real Estate is contiguous to the current boundary of the City of Jeffersonville. 4.' Allison Courtyards hereby requests that the City Council adopt an ordinance annexing the above-described Real Estate into the City pursuant to the provisions of IC 36-4-3-5.1. 5. Pursuant to the provisions of IC 36-4-3-5.1(b), notice of the filing of this petition, or the proposed adoption of an ordinance, by the City Council enacting the requested annexation, is not required to any other owner of land within the Real Estate pursuant to the provisions of lC 36-4-3-2.1 and IC 36-4-3-2.2 as Allison Courtyards owns one hundred percent (100%) of such Real Estate. 6. The City of leffersonville, Indiana is physically and financially able to provide municipal services to the Real Estate. 7. Allison Courtyards has caused notice of a public hearing before the city to be published in Council to be held at its regular meeting on __ The Evening News, a newspaper of general circulation published in Clark County, Indiana, one (1) time in accordance with IC 5-3-1, et seq., at least twenty (20) days before the scheduled heating. PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE $. Allison Courtyards acknowledges that the City Council may not adopt an ordinance effecting the requested annexation sooner than fourteen (14) days after the public hearing is conducted. 9. Allison Courtyards reserves the right to withdraw its signature from this petition not more than thirteen (13) days after the City adopts its fiscal plan by providing written notice to the office of the City's Clerk-Treasurer. In the event of such withdrawal, Allison Courtyards acknowledges that this petition shall automatically be considered to be a voluntary petition that is filed with the legislative body under IC 36-4- 3-5, and all provisions applicable to a petition initiated under such statute shall then apply to this petition. WHEREFORE, petitioner, Allison Courtyards, LLC, asks that the City Council adopt an ordinance annexing the Real Estate into the City as requested herein and pursuant to the provisions of applicable Indiana law. THE UNDERSIGNED, AS THE DULY AUTHORIZED AGENT FOR PETITIONER, ALLISON COURTYARDS, LLC, HEREBY AFFIRMS, UNDER REPRESENTATIONS WITHIN THIS PETITION FOR ANNEXATION INTO CITY OF JEFFERSONVILLE, INDIANA, ARE TRUE AND CORRECT TO THE BEST O1' Ills KNoVfLEDGE AND BELIEF. ALLISON cOURTYARDS, LLC By: Neal Harding, Mengoe 3 PETITION FOR ANNEXATION INTO THE CITY OF JEFFERSONVILLE CERTIFICATE OF FILING The undersigned hereby certifies that on the ~g_e~y of November, 2005, the foregoing Petition for Annexation into the City of Jeffexsonville, Indiana, was filed personally in the office of the Jeffersonville Cl~rk-Treasurer, City-County Building, 501 East Court Avenue, jeffersonville, Indiana 47130. CERTIFICATE OF SERVICE_ - ('~ ' er 2005, The undersigned hereby certifies that on the ~3' day of Novemo , a copy of the foregoing petition for Annexation into the City of Jeffersonville, Indiana, was served by first class United States mail, postage prepaid, on City Attorney Leslie D. Merldey, City-County Building, 501 'East Court Avenue, Room #401, Jeffersonville, Indiana 47130. Courtyards, LLC This Petition prepared by: Alan M. Applegate APPLEGATE & FIFER 131 E. Court Avenue, Suite 101 jeffersonVille, Indiana 47131-1418 (812) 294-9499 Counsel for Petitioner 4 County Recorder. Record a certified copy of this Ordnance in the office of thc Clark So Ordained this dayot ~t~_~ ~ ,200~ ~Y m~ co~CJ& o~ Member .., Member .... , Member Attested by: ~g~g~ Wi~,)Clerk-Treasurer ., Member l/ Form Prescribed by State Board of Accounts ~ove~me~tal UJ~-it~ Clark County, Indiana PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of Which shall total more than four solid lineg Of type in which the body of the advertisemer/t is set) -- number of equivalent lines .................... Head -- number of lines ........................................... Body -- Number of lines .................... ....................... Tail -- number of lines ..; ......................................... Total number of lines in notice ...................................... General Form No. 9(~ From: The Evenine Ne 221 Spring St. P Jeffersonv]lle, I1~ COMPUTATION OF CHARGES I ~ lines, [ columns wide equals / ~)~equivalent lines at , ~3~ cents per line ..................................... Additional charge for notices containing role or tabular work (50 percent of above mount) ....................................... Charge for extra proofs of Publication ($4.00 for each proof in excess of two) ............................................ TOTAL AMOUNT OF CLAIM ......................................... DATA FOR COMPUTING COST Width of single column 9.0 ems Number of insertions ] Size of type 7 point FEDERAL i 55-08707{ Pursuant to the provisions and penalties of Chapter 155, acts 1953, I hereby certify that the foregoing account is just and correct, that the amount claimed is legal allowing al! just:credits, and that no part 0fthe same has been paid Date: 20 6 ~ Title: Legal Bookkeepe] ~ ~s o~ 8~ PUBLISHER S AF~AVIT ~N~!E~R~ ~ December 19, 2005 ~tall e~ '~C~t ~ ~ whch hepe 0n~ a~ Tbs ) SS: SO~LE~IND~A~0N other persons intere~ i0 6ff~c ~ ~ ~ + PETITION BY A[~ OF~ he proposeO~ a~e~ati~n i~ ~ ~I~K ~O~Ly ) THE OWNERS OF SOCR ~[b aff0rd~d thd ~6~; 6y [I TERR TORY ' PORSOANTt'fi ~ ~ ~ ~e[~'~ add ~S ~00n Person~ly appe~ed before me, a not~y pubhc zn ~d for sm TO THE PROVISIONS O~ he obje~ons or ~n- mg o . . ~ · IC~3~4~:52t2 Wh~r&~; ~n E~rns}~nd ~emas m0~e qui~e ~o s~a~e tDe unaerslgneo ~J ~ /tm ~F t~ WhO, orab6Ot No~emb~23, AIIF' than fou~een 14 da~ the * son C0uHyafd~, EEC, v01- have elapsed sin~ the Unde SWO~ says that she i~ ]~l h~r u~ arily filed a pet tion ~; h61di~g off the Public boa ~h~ ~ j o news a er of eneral c]rculatmn nnted and ubhshed In for~heC'i~ofJeffersonville; ne~aton; and; whesas n6i8 P P g p p indiana requesting the ah- this 'Ci~ ¢6dh&l~' ~b~ thi~( i . _ .... - n~eti00 Of an approximate- deems t o be n he bes 'ning tanguage m the [czty) of Jeffersonvflle m state ~d county al q~-25.51 ~d~ tra~ bt~F nte e~¢ of th~'C '35¢- (~ ti ? ,t~ ;p¢~)Y ~ ~n fomn~i"~ ~8a"~"~0 g~,t d~Ys ~d ~at ~e printed matter attached hereto is a ~e copy, wi me ~mOcqrporst¢~ ?~ t~F~the petition forvplun~w an- th~s ~ dates of pubhcatmn bmng as follows Ihdiana pursuant to the~b,,thi~ cit,,councifof ~he tbs pro¢isiops 0fl~ ~67~5:~; ~ci~ 0f Je~e~g6fiville; 10di; ¢~ant ~